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The FBI names Steven Hatfill as a “person of interest” in the anthrax attacks (see October 5-November 21, 2001), the first person to be so named. The same day, the FBI conductis a second search of his house after tipping the media off in advance (see August 1, 2002). [Associated Press, 8/1/2002; London Times, 8/2/2002] CBS News initially reports: “Federal law enforcement sources told CBS News that Dr. Steven Hatfill was ‘the chief guy we’re looking at’ in the probe. The sources were careful not to use the word suspect, but said they were ‘zeroing in on this guy’ and that he is ‘the focus of the investigation.’” But later in the day their story is changed and that text is removed. Instead, Hatfill is referred to as “a bio-defense scientist on the FBI’s radar screen for months who’s now emerged as a central figure in the anthrax investigation.” [CBS News, 8/1/2002] On the same day, Barbara Hatch Rosenberg, one of the world’s top anthrax specialists, is interviewed by FBI agents who ask her whether a team of government scientists could be trying to frame Hatfill. Rosenberg has been very publicly critical of the FBI investigation. [Washington Times, 8/3/2002] She actually appears to be a key figure in getting the FBI to focus on Hatfill in the first place (see February-June 2002). Newsweek follows with a lengthy article purporting to detail the entire anthrax investigation, but it focuses entirely on Hatfill and fails to mention others involved in suspicious activities. [Newsweek, 8/4/2002] The Washington Post does a similar story focusing on Hatfill only, and even claims the US biowarfare program ended decades ago, despite revelations in late 2001 that it is still continuing. [Washington Post, 8/4/2002] Attorney General John Ashcroft calls Hatfill a “person of interest” on August 6. [Los Angeles Times, 6/29/2008]
A Justice Department grants administrator sends an e-mail to Louisiana State University’s biomedical research and training center, telling it to “immediately cease and desist” from employing researcher and 2001 anthrax attacks suspect Steven Hatfill on department-funded programs. The next day Hatfill is placed on administrative leave. [CNN, 9/5/2002; Los Angeles Times, 6/29/2008] On September 4, he is fired. [Associated Press, 9/4/2002] A day after that, the person who hired him is fired as well. [Associated Press, 9/5/2002] The LSU center relies on funding from the Justice Department for 97 percent of its money. [Weekly Standard, 9/16/2002] The New York Times will later report that “several senior law enforcement officials expressed embarrassment over the e-mail incident, saying the domestic preparedness office acted improperly because Mr. Hatfill has never been charged with any wrongdoing and has not been [officially] identified as a suspect.” [New York Times, 9/5/2002] Attorney General John Ashcroft and five FBI officials will later testify that they knew of no other instance in which the government had forced an investigative target out of a non-governmental job. [Los Angeles Times, 6/29/2008]
Justice Department lawyer John Yoo, of the Office of Legal Counsel (OLC), signs off on a secret opinion that approves a long, disturbing list of harsh interrogation techniques proposed by the CIA. The list includes waterboarding, a form of near-drowning that some consider mock execution, and which has been prosecuted as a war crime in the US since at least 1901. The list only forbids one proposed technique: burying a prisoner alive (see February 4-5, 2004). Yoo concludes that such harsh tactics do not fall under the 1984 Convention Against Torture (see October 21, 1994 and July 22, 2002) because they will not be employed with “specific intent” to torture. Also, the methods do not fall under the jurisdiction of the International Criminal Court because “a state cannot be bound by treaties to which it has not consented”; also, since the interrogations do not constitute a “widespread and systematic” attack on civilian populations, and since neither Taliban nor al-Qaeda detainees are considered prisoners of war (see February 7, 2002), the ICC has no purview. The same day that Yoo sends his memo, Yoo’s boss, OLC chief Jay Bybee, sends a classified memo to the CIA regarding the interrogation of al-Qaeda members and including information detailing “potential interrogation methods and the context in which their use was contemplated” (see August 1, 2002). [US Department of Justice, 8/1/2002; Washington Post, 6/25/2007; American Civil Liberties Union [PDF], 1/28/2009 ] Yoo will later claim that he warns White House lawyers, as well as Vice President Cheney and Defense Secretary Donald Rumsfeld, that it would be dangerous to allow military interrogators to use the harshest interrogation techniques, because the military might overuse the techniques or exceed the limitations. “I always thought that only the CIA should do this, but people at the White House and at [the Defense Department] felt differently,” Yoo will later say. Yoo’s words are prophetic: such excessively harsh techniques will be used by military interrogators at Guantanamo, Abu Ghraib, and elsewhere. [Washington Post, 6/25/2007]
Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), writes a secret memo to John Rizzo, the acting general counsel of the CIA. The memo is entitled: “Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency: Interrogation of al-Qaeda Operative.” It will be released seven years later, after prolonged litigation by the American Civil Liberties Union (ACLU—see April 16, 2009). It parallels another secret memo written by OLC lawyer John Yoo for White House counsel Alberto Gonzales (see August 1, 2002). The memo, written at the request of CIA officials, finds that the use of the interrogation techniques proposed for use on captured Islamist extremist Abu Zubaida are consistent with federal law (see Mid-May, 2002 and July 17, 2002). The OLC has determined that the only federal law governing the interrogation of a non-citizen detained outside the US is the federal anti-torture statute, Section 2340A of Title 18 of the US Code. Bybee’s memo goes into detail about 10 torture techniques, and explains why they are all legal to use on Abu Zubaida (see March 28, 2002), currently being held in a secret CIA “black site” in Thailand (see April - June 2002). Bybee writes that Zubaida will enter a new, “increased pressure phase” of interrogation, and will be dealt with by a “Survival, Evasion, Resistance, and Escape (‘SERE’) training psychologist, who has been involved with the interrogations since they began.” [Office of Legal Counsel, 8/1/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Lack of Intent Equates Legality - As long as there is no intent to cause “severe pain or suffering,” Bybee writes, none of these techniques violate US law. “To violate the statute, an individual must have the specific intent to inflict severe pain or suffering,” Bybee writes. “Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture.… We have further found that if a defendant acts with the good faith belief that his actions will not cause such suffering, he has not acted with specific intent.” [Office of Legal Counsel, 8/1/2002 ; CNN, 4/17/2009]
Ten Techniques of Authorized Torture - Bybee explains the 10 techniques that can be used on Zubaida:
Attention grasp: “The attention grasp consists of grasping the individual with both hands, one hand on each side of the collar opening, in a controlled and quick motion. In the same motion as the grasp, the individual is drawn toward the interrogator.”
Walling: “For walling, a flexible false wall will be constructed. The individual is placed with his heels touching the wall. The interrogator pulls the individual forward and then quickly and firmly pushes the individual into the wall. It is the individual’s shoulder blades that hit the wall. During this motion, the head and neck are supported with a rolled hood or towel that provides a c-collar effect to help prevent whiplash. To further reduce the probability of injury, the individual is allowed to rebound from the flexible wall. You have orally informed us that the false wall is in part constructed to create a loud sound when the individual hits it, which will further shock or surprise in the individual. In part, the idea is to create a sound that will make the impact seem far worse than it is and that will be far worse than any injury that might result from the action.”
Facial hold: “The facial hold is used to hold the head immobile. One open palm is placed on either side of the individual’s face. The fingertips are kept well away from the individual’s eyes.”
Facial slap (insult slap): “With the facial slap or insult slap, the interrogator slaps the individual’s face with fingers slightly spread. The hand makes contact with the area directly between the tip of the individual’s chin and the bottom of the corresponding earlobe. The interrogator invades the individual’s personal space. The goal of the facial slap is not to inflict physical pain that is severe or lasting. Instead, the purpose of the facial slap is to induce shock, surprise, and/or humiliation.”
Cramped confinement: “Cramped confmement involves the placement of the individual in a confined space, the dimensions of which restrict the individual’s movement. The confined space is usually dark. The duration of confinement varies based upon the size of the container. For the larger confined space, the individual can stand up or sit down; the smaller space is large enough for the subject to sit down. Confinement in the larger space can last up to 18 hours; for the smaller space, confinement lasts for no more than two hours.”
Wall standing: “Wall standing is used to induce muscle fatigue. The individual stands about four to five feet from a wall with his feet spread approximately to shoulder width. His arms are stretched out in front of him, with his fingers resting on the wall. His fingers support all of his body weight. The individual is not permitted to move or reposition his hands or feet.”
Stress positions: “A variety of stress positions may be used. You have informed us that these positions are not designed to produce the pain associated with contortions or twisting of the body. Rather, somewhat like walling, they are designed to produce the physical discomfort associated with muscle fatigue. Two particular stress positions are likely to be used on [Zubaida]: (1) sitting on the floor with legs extended straight out in front of him with his arms raised above his head; and (2) kneeling on the floor while leaning back at a 45 degree angle. You have also orally informed us that through observing Zubaydah in captivity, you have noted that he appears to be quite flexible despite his wound.”
Sleep deprivation: “You have indicated that your purpose in using this technique is to reduce the individual’s ability to think on his feet and, through the discomfort associated with lack of sleep, to motivate him to cooperate. The effect of such sleep deprivation will generally remit after one or two nights of uninterrupted sleep. You have informed us that your research has revealed that, in rare instances, some individuals who are already predisposed to psychological problems may experience abnormal reactions to sleep deprivation. Even in those cases, however, reactions abate after the individual is permitted to sleep. Moreover, personnel with medical training are available to and will intervene in the unlikely event of an abnormal reaction. You have orally informed us that you would not deprive [Zubaida] of sleep for more than 11 days at a time and that you have previously kept him awake for 72 hours, from which no mental or physical harm resulted.”
Insect confinement: “You would like to place [Zubaida] in a cramped confinement box with an insect. You have informed us he has a fear of insects. In particular, you would like to tell Zubaydah that you intend to place a stinging insect into the box with him. You would, however, place a harmless insect in the box. You have orally informed us that you would in fact place a caterpillar in the box. [REDACTED]”
Waterboarding: “Finally, you would like to use a technique called the “water-board.” In this procedure, the individual is bound securely on an inclined bench, which is approximately four feet by seven feet. The individual’s feet are generally elevated. A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it covers both the nose and mouth. Once the cloth is saturated and completely covers the mouth and nose, air now is slightly restricted for 20 to 40 seconds due to the presence of the cloth. This causes an increase in carbon dioxide level in the individual’s blood. This increase in the carbon dioxide level stimulates increased effort to breathe. This effort plus the cloth produces the perception of ‘suffocation and incipient panic,’ i.e.,the perception of drowning. The individual does not breathe any water into his lungs. During those 20 to 40 seconds, water is continuously applied from a beight of 12 to 24 inches. After this period, the cloth is lifted, and the individual is allowed to breathe unimpeded for three or four full breaths. The sensation of drowning is immediately relieved by the removal of the cloth. The procedure may then be repeated. The water is usually applied from a canteen cup or small watering can with a spout. You have orally informed us that this procedure triggers an automatic physiological sensation of drowning that the individual cannot control even though he may be aware that he is in fact not drowning. You have also orally infomed us that it is likely that this procedure would not last more than 20 minutes in any one application.… You have informed us that this procedure does not inflict actual physical harm.… The waterboard, which inflicts no pain or actual harm whatsoever, does not, in our view, inflict ‘severe pain and suffering.’”
Techniques Can Be Used in Conjunction with One Another - Bybee writes: “You have informed us that the use of these techniques would be on an as-needed basis and that not all of these techniques will necessarily be used. The interrogation team would use these techniques in some combination to convince [Zubaida] that the only way he can influence his surrounding environment is through cooperation. You have, however, informed us that you expect these techniques to be used in some sort of escalating fashion, culminating with the waterboard, though not necessarily ending with this technique. Moreover, you have also orally informed us that although some of these teclmiques may be used with more than once, that repetition wllI not be substantial because the techniques generally lose their effectiveness after several repetitions.” [Office of Legal Counsel, 8/1/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Factual Background for Analysis - The opinion also gives the factual background for the legal analysis, including CIA research findings on the proposed techniques and their possible effect on Zubaida’s mental health. Much of those findings uses as a touchstone the results gleaned from the military’s SERE training, which uses stressful interrogation techniques, including a form of waterboarding, against US soldiers as part of their counterterrorism training. As the Senate Intelligence Committee will later write, Bybee’s “opinion discussed inquiries and statistics relating to possible adverse psychological reactions to SERE training.” The law clearly prohibits an interrogation method “specifically intended” to inflict “severe physical or mental pain or suffering.”
No Technique Constitutes Torture, Bybee Concludes - Bybee’s opinion considers whether each of the proposed interrogation techniques, individually or in combination, might inflict “severe physical pain or suffering” or “severe mental pain or suffering” on Zubaida or other detainees. The opinion also considers whether interrogators using the technique would have the mental state necessary to violate the statute. Bybee concludes that none of the techniques used individually would inflict “severe physical pain or suffering.” Waterboarding would not inflict such harm, Bybee writes, because it inflicts neither physical damage or physical pain. Nor would it inflict extensive “physical suffering,” because the “suffering” would not extend for the period of time required by the legal definition of the term. None of the techniques, including waterboarding, would inflict “severe mental pain or suffering” as defined in the federal statute, Bybee writes. He bases this conclusion on reports from SERE training, where US soldiers are subjected to brief, strictly supervised sessions of waterboarding as part of their anti-torture training. And, Bybee writes, since the techniques individually do not constitute physical suffering, neither will they constitute such suffering in conbination, because they will not be combined in such a way as to reach that threshold. Bybee writes that the OLC lacks the information necessary to conclude whether combinations of those techniques would inflict severe mental suffering; however, because no evidence exists to suggest that a combination of the techniques would inflict an excessive level of mental harm, using the techniques in combination is not precluded. Bybee also concludes that any interrogator using these techniques would not have a specific intent to inflict severe mental or physical pain or suffering, because the circumstances surrounding the use of the techniques would preclude such intent. Therefore, Bybee concludes, none of these techniques violate the federal anti-torture statute. [American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Entity Tags: John Rizzo, Central Intelligence Agency, Bush administration (43), Office of Legal Counsel (DOJ), Jay S. Bybee, American Civil Liberties Union, John C. Yoo, US Department of Justice, Senate Intelligence Committee, Abu Zubaida, Alberto R. Gonzales
Timeline Tags: Torture of US Captives
According to his own later statement (see July 1, 2009), Saudi detainee Ahmed Muhammad al-Darbi is tortured at Bagram Air Force Base by US forces. During the approximately eight months he is held at Bagram, al-Darbi is allegedly subjected to:
Isolation during the first two weeks, when he does not even know he is in Afghanistan;
Stress positions. He will say: “While I was questioned, I was kept for many hours in painful positions. For example, I would be forced to kneel with my hands cuffed above my head”;
Sleep deprivation—because he is forced to maintain the stress positions overnight, he cannot sleep;
Hooding, including during the interrogations. He will say: “The hood they used had a sort of rope or drawstring that they would pull tight around my neck. The darkness, combined with little sleep, would leave me disoriented”;
Bright lights in a cell where he is kept;
Denial of time to pray;
Insufficient food, which was “inedible”;
Photos are taken that humiliate him. His hood is taken off on these occasions and there are “several US agents, male and female, standing around”;
US officials allegedly spray water on his face and then blow a powder he will later say may have been pepper onto him. The water absorbs the powder, which burns his skin and makes his nose run;
Hairs are ripped from his chest and head by US personnel; and
US officials threaten to send him to Israeli, Egyptian, or Afghan jails for torture and rape.
Al-Darbi will also say that a US solider named Damien Corsetti is often present during the interrogations. Corsetti, a “big, heavy man,” sometimes steps on al-Darbi’s handcuffs while he is lying on the floor with his arms above his head, causing them to tighten around his wrists. On one occasion, Corsetti kneels on his chest, pressing down with all his weight until he stops breathing and another guard pulls Corsetti off.
False Statements - Al-Darbi makes a number of statements incriminating himself at Bagram, but will later say that they are false, adding: “The military guards and interrogators would show me pictures of people, and told me I must identify them and confess things about them. After they tortured me, I would say what they wanted me to say. I was fed detailed statements and names of individuals to whom I was to attribute certain activities.” The military personnel then say he has to repeat these statements to other interrogators, from the FBI, and they will continue to abuse him if he does not do so. Al-Darbi repeats the statements to three FBI agents, two of whom he knows as “Tom” and “Jerry,” but does not sign a written statement.
'Hard Labor' - Al-Darbi is also forced to perform what he will call “degrading, hard labor” at Bagram. This consists of replacing the full port-a-potty buckets with empty buckets, sweeping the floor, and, on one occasion, scrubbing the entire floor with a toothbrush. In addition, he is forced to carry boxes filled with water bottles while his hands are cuffed together, which allegedly causes him sciatic and back pain for several years.
Witnessing the Abuse of Dilawar - Al-Darbi will also say that he witnesses the abuse of an Afghan prisoner called Dilawar (see December 5-9, 2002), who is shackled up in a cage near where he is held. [al-Darbi, 7/1/2009]
According to Sen. Bob Graham (D-FL), the 9/11 Congressional Inquiry he co-chairs later will uncover a CIA memo written on this date. The author of the memo writes about hijackers Khalid Almihdhar and Nawaf Alhazmi and concludes that there is “incontrovertible evidence that there is support for these terrorists within the Saudi government.” [Graham and Nussbaum, 2004, pp. 169] Apparently, this memo will be discussed in the completely censored section of the Inquiry’s final report that deals with foreign government involvement in the 9/11 plot (see August 1-3, 2003). Osama Basnan, one of the key players in a suspected transfer of funds from the Saudi government to these two hijackers, is arrested in the US a few weeks after this memo is written, but he will be deported two months after that (see August 22-November 2002).
Senator Chuck Hagel (R-NE) warns that any invasion and subsequent occupation of Iraq will be more difficult and prolonged than the Bush administration is acknowledging. On CBS’s Face the Nation, Hagel reminds viewers, “[W]e haven’t been in there [Iraq] for four years.” He continues: “We haven’t had any UN inspectors in there for four years. Our intelligence is limited. We have to rely on second-, third-party intelligence from other nations, as well as our own intelligence.… And this nonsense about some antiseptic air war is going to do it, that’s folly. The fact is that we’re going to go in there. We need to go in there with all the might we can to finish the job and do it right. And that’s going to require ground troops.” When asked how many ground troops, Hagel responds: “I don’t know what that is.… Some of the numbers that we heard are 250,000, 200,000. But as I said this week, if you think you’re going to drop the 82nd Airborne in Baghdad and finish the job, I think you’ve been watching too many John Wayne movies.” [CBS News, 8/4/2002] Hagel will vote “yes” to authorize the war (see October 10, 2002). [Rich, 2006, pp. 61-62]
Hatfill holding a press conference on August 11, 2002. [Source: Associated Press / Rick Bowner]Anthrax suspect Steven Hatfill defends himself in a public speech and Washington Post interview. He claims that he is being set up as the “fall guy” for the anthrax attacks. He says his life “has been completely and utterly destroyed,” and he has twice lost a job due to the allegations. His lawyer also accuses the FBI of leaking documents to the press and conducting searches of Hatfill’s residence in a highly visible way when a more discreet method could have been arranged. [Washington Post, 8/11/2002; Fox News, 8/12/2002]
The Independent carries a story entitled, “Unanswered Questions: The Mystery of Flight 93,” a rare critique of the official version of events around that plane’s crash. Most of the information is a summation of what was reported before. However, there is one interesting new theory. Theorizing why witnesses did not see smoke from the faltering plane, the article points to the 1996 research of Harvard academic Elaine Scarry, “showing that the Air Force and the Pentagon have conducted extensive research on ‘electronic warfare applications’ with the possible capacity to intentionally disrupt the mechanisms of an aeroplane in such a way as to provoke, for example, an uncontrollable dive. Scarry also reports that US Customs aircraft are already equipped with such weaponry; as are some C-130 Air Force transport planes. The FBI has stated that, apart from the enigmatic Falcon business jet, there was a C-130 military cargo plane within 25 miles of the passenger jet when it crashed (see September 14, 2001). According to the Scarry findings, in 1995 the Air Force installed ‘electronic suites’ in at least 28 of its C-130s—capable, among other things, of emitting lethal jamming signals.” [New York Times Magazine, 11/19/2000; Independent, 8/13/2002]
Trace elements of anthrax have been found in a post office box across the street from Princeton University in New Jersey. [MSNBC, 8/12/2002] The FBI declares Steven Hatfill has not “received any more attention than any other person of interest in the investigation.” [Fox News, 8/12/2002] Yet Hatfill is the only named “person of interest,” and his photo is the only one being shown by the FBI to residents of the neighborhood near the mailbox. [Associated Press, 8/15/2002] The New York Times will later report, “Criminologists said that only by showing photos of a number of people could investigators have confidence in an eyewitness identification of Dr. Hatfill or any other suspect.” [New York Times, 8/4/2008] Several months later, a law enforcement official admits to the Los Angeles Times that, “to be honest, we don’t have anybody that is real good [as a possible anthrax suspect]. That is why so much energy has gone into Hatfill—because we didn’t have anybody else.” [Weekly Standard, 9/16/2002]
A Washington Post editorial blasts the FBI’s treatment of anthrax attacks suspect Steven Hatfill. “Each slipshod case whittles away our collective liberties, our self-respect, our confidence in the legal system.” The Post also blasts the media’s coverage: “Wittingly or unwittingly, reporters and government investigators may collude, creating the appearance of a posse mentality that discredits them both.” [Washington Post, 8/18/2002]
An FBI forensic linguistics expert says the anthrax mailer was probably someone with high-ranking US military and intelligence connections. He says he has identified two suspects who both worked for the CIA, USAMRIID, and other classified military operations. He expresses frustration about accessing evidence. “My two suspects both appear to have CIA connections. These two agencies, the CIA and the FBI, are sometimes seen as rivals. My anxiety is that the FBI agents assigned to this case are not getting full and complete cooperation from the US military, CIA, and witnesses who might have information about this case.” He also says the killer seems to have tried implicating two former USAMRIID scientists who had left the laboratory in unhappy circumstances by posting the letters from near their homes in New Jersey. [BBC, 8/18/2002]
A picture of Steven Hatfill’s apartment after the FBI went through it. [Source: Alex Wong / Getty Images]Anthrax attacks (see October 5-November 21, 2001) suspect Steven Hatfill releases photos he claims show that the FBI “trashed” his girlfriend’s apartment. The photos “evoked an uneasy sense of recognition among law enforcement experts,” who have seen these kinds of strong armed tactics when the FBI is desperate for a conviction. “Veteran FBI-watchers suggest the Bureau, looking at Steven Hatfill off and on for nearly a year, does not have the goods on him. Law enforcement sources confirm he passed a polygraph test administered by the FBI last fall… Apparent absence of evidence suggests either incompetence at the level of false accusations in the 1996 Atlanta Olympic Park bombing—or something worse.” [New York Post, 8/3/2002]
As Bush administration lawyers warn that Vice President Cheney and his Pentagon allies are setting the government up for defeat in the courts with their hardline advice on interrogation techniques (see Late 2001-Early 2002, January 25, 2002, April 2002 and After, and August 1, 2002) and indefinite detentions (see After September 11, 2001 and December 2001-January 2002), one of the uneasiest of Justice Department lawyers is Solicitor General Theodore Olson. Cheney and Olson have similar views on the expansion of presidential powers, but his job in the administration is to win court cases. Olson is not sure that Cheney’s legal arguments are tenable. Olson is particularly worried about two pending cases, those of US citizens Jose Padilla (see June 10, 2002) and Yaser Esam Hamdi (see December 2001 and August 16, 2002). Both have been declared enemy combatants and denied access to lawyers. Olson warns that federal courts will not go along with that provision, but he finds himself opposed by CIA and Pentagon officials. When Olson and other lawyers propose that Padilla and Hamdi be granted lawyers, Cheney’s chief lawyer, David Addington, beats back their proposal because, says deputy White House counsel Timothy Flanigan, “that was the position of his client, the vice president.” The issue comes to a head in the West Wing office of Alberto Gonzales, the White House’s chief legal counsel. Four officials with direct knowledge of the meeting later recall the chain of events. Olson has the support of associate White House counsel Bradford Berenson, a former law clerk to Supreme Court Justice Anthony Kennedy. Berenson says that Kennedy, the Court’s swing vote, will never accept absolute presidential authority to declare a US citizen an enemy and lock him away without benefit of counsel. Another former Kennedy law clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier. Addington, representing Cheney in the meeting, accuses Berenson of surrendering presidential authority on what he calls a fool’s prophecy about the Court; Berenson retorts by accusing Addington of “know-nothingness.” Gonzales listens quietly as the Justice Department and his own staff line up against Addington. He finally makes a decision: in favor of Cheney and Addington. [Washington Post, 6/25/2007]
Entity Tags: US Department of Defense, Brett Kavanaugh, Bradford Berenson, Alberto R. Gonzales, Central Intelligence Agency, Theodore (“Ted”) Olson, David S. Addington, Richard (“Dick”) Cheney, US Department of Justice, Jose Padilla, Yaser Esam Hamdi, Timothy E. Flanigan
Timeline Tags: Civil Liberties
In 2008, Scott McClellan, currently the deputy press secretary in the Bush administration, will describe the current belief in the White House that overthrowing Iraq’s Saddam Hussein will lead to the overall democratization of the Middle East. According to McClellan, once Hussein has been overthrown and democracy established, the White House believes “it would serve as an example to other freedom-seeking reformers in the Middle East.” McClellan will call this ideal a “positive domino effect” that would bring about transformative, democratic change in Iran and Afghanistan. Both Iran and Iraq, McClellan will write, have “a significant number of well-educated, forward-looking citizens,” and as for Afghanistan, that nation is “already on the verge of democracy.” An Iraqi democracy will, the argument goes, inspire the Iranian people “to rise up and change their country’s governance, and a free Iraq and Iran would remove two major threats to peace and stability in the Middle East—two parts of the ‘axis of evil’ Bush had highlighted in his January 2002 State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003). And this, in turn, would dramatically reduce global tensions and enhance a key national security interest of the United States by ensuring the long-term stability of the massive oil reserves of the Middle East.” [McClellan, 2008, pp. 129]
In 2008, Scott McClellan, the current White House deputy press secretary, will write of President Bush’s lowering of accepted standards to allow for a pre-emptive war. McClellan will write: “Bush was now lowering the bar for engaging in pre-emptive war, a step that might have been more widely viewed as radical had it occurred prior to 9/11. The [Bush] doctrine (see 8:30 p.m. September 11, 2001) unambiguously stated that while the United States would always proceed deliberately and carefully weigh the consequences of actions, it would not hesitate to use force if necessary to preempt not just an ‘imminent’ threat but a ‘grave and gathering’ one if need be (see September 16, 2002). It was based on the assumption that waiting for a threat to become imminent before acting would likely mean that we would respond too late. And this new principle encoded in our new national security strategy was clearly aimed in part in paving the way to removing Saddam Hussein from power by force.” [McClellan, 2008, pp. 134]
According to the later recollections of senior AT&T technician Mark Klein (see July 7, 2009), rumors are swirling throughout AT&T regarding a “secret room” being built at the company’s facility at 611 Folsom Street in San Francisco (see Summer 2002). (At this time, Klein works at another AT&T facility located on San Francisco’s Geary Street; he will later begin working at the Folsom Street facility.) In January 2003, Klein will learn that the rumors are true, and that the room is to be used by the National Security Agency (NSA) (see January 2003). [Klein, 2009, pp. 26-28]
Defense Secretary Donald Rumsfeld holds a “top secret” briefing on Iraq for selected Congressional members, including, among others, Senator John McCain (R-AZ). The briefing takes place in the most secure room in the Capitol, a small, windowless chamber that is ostentatiously swept for bugs before the briefing. At the outset, the lawmakers are sworn to deepest secrecy. But during the briefing, Rumsfeld tells the assembled members nothing they couldn’t learn by watching the nightly news. McCain abruptly leaves the meeting, and later says, “It was a joke.” Vice President Cheney has said that the administration doesn’t trust the 535 members of Congress not to leak classified information, and therefore they must make their decisions concerning war with Iraq without the benefit of complete intelligence briefings (see Before September 9, 2002 and After). McCain reflects the feelings of many members in expressing his aggravation with the administration. “It becomes almost insulting after a while,” he says. “Everyone that goes to them is frustrated.” Rather than give “pretend” briefings that convey little information, McCain says, President Bush should just suspend the briefings entirely. House member Robert Menendez (D-NJ) says many members are skipping the briefings entirely to avoid signing a secrecy pledge that restricts what they can and cannot talk about. Menendez, briefed earlier by National Security Adviser Condoleezza Rice and CIA Director George Tenet, says, “I heard nothing that was new, compelling, or that I have not heard before.” White House spokesman Ari Fleischer says, “The White House will continue to as fully inform as possible members of Congress, while also preserving sensitive intelligence information so no inadvertent disclosure jeopardizes sources or methods or missions.” The White House has had some success with Democrats who might be resistant to its arguments for war by choosing to give more complete briefings to a few selected Democratic leaders, including House Minority Leader Richard Gephardt (D-MO). As a result, Democratic leaders in Congress are more supportive of the push towards war than many of their rank-and-file colleagues. [Washington Post, 9/15/2002]
A memo prepared for Colonel Brittain Mallow, the commander of the Army’s Criminal Investigation Task Force (CITF), documents objections raised by Mallow to the harsh interrogation methods—torture—being used at Guantanamo Bay. Mallow’s memo cites “unacceptable methods” involving “threats,” “discomfort,” and “sensory deprivation,” and provides guidance to CITF agents on permissible interrogation methods for use on detainees. Mallow instructs his unit not to take part in “any questionable” interrogation techniques at the prison. In 2008, the American Civil Liberties Union (ACLU) will observe, “The memo suggests that CITF expressed disapproval of abusive methods used at Guantanamo as far back as September 2002.” [American Civil Liberties Union, 5/14/2008]
Department of Energy (DOE) safety specialist Chris Steele, who shut down a hazardous, unsecured nuclear waste dump at the Los Alamos nuclear facility a year earlier (see July 18, 2001), is demoted from his position as the DOE’s chief safety official at Los Alamos after he overrules what he calls inept preparations against terrorist attacks. In October 2002, Steele receives a safety analysis report for a radioactive waste treatment facility at Los Alamos. The report estimates the chances of a “rogue” airliner crashing into the facility as being a million to one, even considering the events of September 11, 2001. It predicts that such a crash, deliberate or not, would cause hundreds of thousands of gallons of nuclear waste to catch fire. However, the report said, the roof sprinkler system would put out the flames. Steele points out that the sprinkler system would be destroyed in the crash: “That must be a magical sprinkler system, since it’s apparently able to rise up from the rubble, turn itself on and put out the flames. We should buy one of those for every nuclear plant in the country.” After Steele rejects the report, he is stripped of his security clearance and fired. He is accused of committing “serious security violations” by the National Nuclear Security Administration. [Carter, 2004, pp. 17-18; Vanity Fair, 2/15/2004]
Judith Miller. [Source: Washington Post]Judith Miller and Michael Gordon of the New York Times report in a front page story that Iraq is trying to obtain materials to build a nuclear weapon. Citing unnamed senior administration officials, they break the story of the aluminum tubes that were confiscated in Jordan in July 2001 (see July 2001) and write that both “American intelligence experts” and top officials believe the tubes were meant to be used as centrifuge rotors in a nuclear enrichment program. “In the last 14 months, Iraq has sought to buy thousands of specially designed aluminum tubes, which American officials believe were intended as components of centrifuges to enrich uranium,” reports the newspaper. “The diameter, thickness and other technical specifications of the aluminum tubes had persuaded American intelligence experts that they were meant for Iraq’s nuclear program….” Officials cited in the article warn that the US must not wait for more evidence before taking action to disarm Iraq because the first sign of a “smoking gun” may be a mushroom cloud. [New York Times, 9/8/2002] (The “smoking gun/mushroom cloud” analogy was conceived by presidential speech writer Michael Gerson a few days earlier; see September 4, 2002 for details.) What Gordon and Miller’s sources did not tell them, and what they neglected to find out on their own, was that the country’s top nuclear experts do not believe the tubes are suitable for rotors (see, e.g., July 2001-March 2003, August 17, 2001, and Late 2001). For example, Houston G. Wood III, a retired Oak Ridge physicist, filed a report with the US government more than a year before (see August 17, 2001) concluding that the tubes were not meant for centrifuges. When he reads the New York Times story, he is shocked. In an interview with the Australian Broadcasting Corporation more than a year later, he will recount his initial reaction: “My first thought was, ‘This must be some new tubes,’ you know. And then… and then when I realized that these were the tubes that I had been looking at a year before, I was just… I was… I was just shocked. I couldn’t believe that, you know, here we were, saying that these tubes were, you know, the same tubes that I’d come to the conclusion a year before were not valid for centrifuges, and here they’re saying they are. So, er… that was a real surprise.” [Australian Broadcasting Corporation, 10/27/2003] In subsequent stories about the tubes, the Times will note that there is a debate, however these reports will appear in the back pages of the newspaper (see, e.g., September 13, 2002). [New York Times, 5/26/2004]
Aerial photo of Iraqi chemical munitions facility. [Source: CIA]Secretary of State Colin Powell appears on “Fox News Sunday,” and asserts that Iraq has chemical and biological weapons stocks and that Saddam Hussein is intent on building a nuclear weapon. He cites a recent article in the New York Times by Judith Miller and Michael Gordon (see September 8, 2002) as evidence of Hussein’s nuclear ambitions. “There’s no doubt that he has chemical weapon stocks. We destroyed some after the Gulf War with the inspection regime, but there’s no doubt in our mind that he still has chemical weapon stocks and he has the capacity to produce more chemical weapons. With respect to biological weapons, we are confident that he has some stocks of those weapons, and he’s probably continuing to try to develop more. And biological weapons are very dangerous because they can be produced just about in any kind of pharmaceutical facility. With respect to nuclear weapons, we are quite confident that he continues to try to pursue the technology that would allow him to develop a nuclear weapon. Whether he could do it in one, five, six or seven, eight years is something that people can debate about, but what nobody can debate about is the fact that he still has the incentive, he still intends to develop those kinds of weapons. And as we saw in reporting just this morning, he is still trying to acquire, for example, some of the specialized aluminum tubing one needs to develop centrifuges that would give you an enrichment capability. So there’s no question that he has these weapons, but even more importantly, he is striving to do even more, to get even more.” Tony Snow, the program’s host, asks Secretary of State Colin Powell to respond to comments by former UN Chief Weapons Inspector Scott Ritter in a speech he recently made to Iraq’s parliament, in which the former weapons inspector stated: “The rhetoric of fear that is disseminated by my government and others has not to date been backed up by hard facts that substantiate any allegations that Iraq is today in possession of weapons of mass destruction or has links to terror groups responsible for attacking the United States. Void of such facts, all we have is speculation.” Powell responds: “We have facts, not speculation. Scott is certainly entitled to his opinion but I’m afraid that I would not place the security of my nation and the security of our friends in the region on that kind of an assertion by somebody who’s not in the intelligence chain any longer… If Scott is right, then why are they keeping the inspectors out? If Scott is right, why don’t they say, ‘Anytime, any place, anywhere, bring ‘em in, everybody come in—we are clean?’ The reason is they are not clean. And we have to find out what they have and what we’re going to do about it. And that’s why it’s been the policy of this government to insist that Iraq be disarmed in accordance with the terms of the relevant UN resolutions.” [Fox News, 9/8/2002; Associated Press, 9/8/2002; NewsMax, 9/8/2002]
Vice President Cheney continues to argue his case for war with Iraq, this time during an appearance on PBS’s “News Hour with Jim Lehrer.” “We know based on primarily intelligence reporting [that Saddam Hussein] is continuing to expand and improve his biological weapons capability both in terms of production and delivery systems; we know he is working once again on a nuclear program.” Cheney goes on to say that Congress would have to make a decision on whether to authorize an attack on Iraq without being able to see the evidence that Cheney says exists. To brief Congress—535 lawmakers—about such “highly classified” matters would invite leaks that would potentially compromise national security. Instead, lawmakers who do not sit on the respective intelligence committees will have to make their decisions based on the limited amount of information the White House chooses to share with them. [Savage, 2007, pp. 157, 357]
FBI translator Melek Can Dickerson and her husband Douglas Dickerson leave the country. Douglas, a US Air Force major who procures weapons from the US for various Central Asian and Middle Eastern countries, has been reassigned to Belgium to work on a NATO-related assignment. [Anti-War (.com), 7/1/2004; Vanity Fair, 9/2005] The Dickersons had been recently subpoenaed in Sibel Edmonds’ lawsuit against the FBI (see June 2002) and are the subject of three separate investigations: one by the Air Force Office of Special Investigation, one by the Justice Department, and the third by the Senate Judiciary Committee. [Anti-War (.com), 8/22/2005] The FBI, under court order not to allow the couple to leave the country, requires that Douglas Dickerson swear under oath that he will return if requested by the court. [Anti-War (.com), 7/1/2004; Vanity Fair, 9/2005]
In remarks made at a foreign policy conference at the University of Virginia, Philip Zelikow says that Iraq is more of a threat to Israel than to the US and that protecting Israel would be a major motive for a US-Iraq war. Zelikow’s speech goes unreported at the time but will come to light in a 2004 article. Zelikow says: “Why would Iraq attack America or use nuclear weapons against us? I’ll tell you what I think the real threat (is) and actually has been since 1990—it’s the threat against Israel.… And this is the threat that dare not speak its name, because the Europeans don’t care deeply about that threat, I will tell you frankly. And the American government doesn’t want to lean too hard on it rhetorically, because it is not a popular sell.” Zelikow is at the time a member of the President’s Foreign Intelligence Advisory Board (PFIAB), and will later serve as the executive director to the 9/11 Commission. [Asia Times Online, 3/31/2004] John Mearsheimer and Stephen Walt will later use Zelikow’s statement in their controversial paper “The Israel Lobby” as evidence that the Iraq War was launched in part to advance Israel’s security. [London Review of Books, 3/23/2006; London Review of Books, 4/25/2006; London Review of Books, 4/25/2006]
The FBI searches Steven Hatfill’s house for anthrax residue for a third time. Hatfill had moved out several weeks earlier. He is the FBI’s main suspect in the 2001 anthrax attacks (see October 5-November 21, 2001). [MSNBC, 9/11/2002]
The government raises the National Alert Level to orange, the second highest level possible. This is the first time such an alert has been raised since 9/11. The government temporarily closes for public business about two dozen US diplomatic posts worldwide. Officials say there is no specific known threat against targets in the US. [Washington Post, 9/10/2002] President Bush personally makes the announcement while Vice President Cheney flees to a “secure location.” Attorney General John Ashcroft warns that the threat targets “transportation and energy sectors.” No specific details on the nature or targets of the threat are supplied. The heightened terror alert coincides with the president’s address to the nation from Ellis Island on the first anniversary of 9/11 (see September 11, 2002 and Before). [Rolling Stone, 9/21/2006 ]
In a speech to the United Nations General Assembly, President Bush says: “Right now, Iraq is expanding and improving facilities that were used for the production of biological weapons.… Iraq has made several attempts to buy high-strength aluminum tubes used to enrich uranium for a nuclear weapon.” [PBS, 9/12/2002; US President, 9/16/2002; Age (Melbourne), 6/7/2003] Bush also says that the US “will work with the UN Security Council.” [US President, 9/16/2002; Vanity Fair, 5/2004, pp. 285] Deputy press secretary Scott McClellan will later describe the speech somewhat differently: “The UN speech… had been an ultimatum—either the UN acts to disarm Saddam Hussein or the United States will. The zero tolerance message was a further sign of how determined the president was to topple the regime by force. Saddam was never going to come completely clean. His power was grounded in brutality and in his ability to portray the regime as stronger than it was to intimidate the populace and potential enemies like Iran. The zero tolerance policy and the new ‘last chance’ resolution gave Bush plenty of room to maneuver and plausible justifications for his policy of regime change.” [McClellan, 2008, pp. 142]
The New York Times publishes a second article reporting that the Bush administration believes a shipment of aluminum tubes destined for Iraq, intercepted in Jordan by US authorities in July (see July 2001), was intended for use in a gas centrifuge. Unlike the Times’ previous report, this article, appearing on page A13, mentions that there is a debate over the tubes between the Energy Department and CIA. It says that according to an unnamed official “[T]here have been debates among intelligence experts about Iraq’s intentions in trying to buy such tubes.” The article says that the official claims “the dominant view in the administration was that the tubes were intended for use in gas centrifuges to enrich uranium.” Another official interviewed by the newspaper claims that Energy’s alternative view “is a footnote, not a split.” One administration official is even quoted by the paper falsely asserting “that the best technical experts and nuclear scientists at laboratories like Oak Ridge supported the CIA assessment.” [New York Times, 9/13/2002; New York Times, 10/3/2004] After the article is published, the Energy Department releases a directive forbidding employees from discussing the issue with reporters. [New York Times, 10/3/2004]
In a speech in Davenport, Iowa, President Bush reiterates his talking points against Iraq: Saddam Hussein’s harsh treatment of his citizens, its disregard and duplicity regarding United Nations resolutions, and its support for Islamist terrorism. Together, these make Iraq into “a grave and gathering danger” that must be dealt with. Bush says: “My nation will work with the UN Security Council to meet our common challenge. If Iraq’s regime defies us again, the world must move deliberately, decisively to hold Iraq to account. But the purposes of the United States should not be doubted. The Security Council resolutions will be enforced—the just demands of peace and security will be met—or action will be unavoidable. And a regime that has lost its legitimacy will also lose his power.” Scott McClellan, currently the deputy White House press secretary, will later write, “In a White House that prided itself on message discipline, Bush’s speech provided the new talking points for ‘educating the public about the threat’ (as we described our campaign to sell the war).” [McClellan, 2008, pp. 119-120] In the morning press gaggle, McClellan softpedals the president’s message somewhat: “The president will continue to consult with the international community and Congress as we move forward, and he will continue to talk to the American people as we move forward on any particular course of action. That is something he is doing now, and that is something he will continue to do. But what needs to happen right now is that the UN needs to act, and they need to back up their actions with enforcement. And that’s where our focus is, and we’re pleased with the emerging consensus from the international community around the president’s call for the UN to act.” [White House, 9/16/2002]
Mohammed Meguerba [Source: BBC]The first traces of the alleged ricin plot later uncovered in London in January 2003 (see January 7, 2003) are discovered in the wake of the arrest of an illegal Algerian immigrant. Mohammed Meguerba, later alleged to be the mastermind of the plot, is arrested in north London with various false IDs. An epileptic, Meguerba had entered Britain as an illegal immigrant. He had left his homeland in 1995 and traveled through Europe. He became a waiter in Ireland and married, divorced, remarried and, “by pure chance or cultural void,” said Algerian secret service, “allowed himself to be recruited by fundamentalists” at a Belfast mosque in 2000. Activists in London sent him to training camps in Afghanistan, where Osama bin Laden himself allegedly gave him a mission in Britain and supplied him with documentation and money. [Observer, 4/17/2005] After this training, Meguerba returned to London in March 2002. He went to the Finsbury Park mosque, where he began to work on crude poisons with fellow Algerian Kamal Bourgass. On September 18, 2002, Meguerba is arrested in London during an operation into suspected terrorist fundraising. But he is released on bail after suffering an epileptic fit, and then flees to Algeria. [London Times, 5/9/2005] On December 16, 2002, Meguerba is arrested in Algeria by security forces after allegedly being smuggled in by Islamist radicals. On December 28, police begin his interrogation. Within two days, he tells them that he had been working with an al-Qaeda cell in north London and had been helping them produce poisons at a flat. Authorities in Britain receive this information from the Algerian security forces on January 2 or 3. The Algerian intelligence report spurs British authorities into action. As well as information on the poison plot, it contains information on many individuals in Britain who are allegedly engaged in hard-line, violent Islamic radicalism. The report also suggests the existence of a number of terrorist cells in Britain. [Observer, 4/17/2005] Meguerba names Bourgass as ringleader and other Algerians as co-conspirators. [Independent, 4/17/2005] Meguerba had been held in a secret detention center for 17 months by the Algerian security service. His relatives are unaware he had been held from December 2002 until he was moved to a prison in Algiers. When they are finally permitted to visit him, Meguerba weighs 77 lbs and claims he has been badly tortured. These claims are backed up another Algerian man, residing in Britain, who was detained in Algiers in January 2003 and placed by his interrogators in a room with Meguerba, whom the man describes as “bruised, cut, and swollen.” Upon his appearance in an Algiers court, Meguerba appears frail and is missing teeth. The confession extracted from Meguerba during this time was the evidence that led to the Wood Green raid. However, during the later trial, the confession is not relied on by the prosecution as the allegations of torture could be raised by the defense. One source says “the Government has introduced the Human Rights Act but finds itself relying on regimes with appalling human rights records for information.” Algerian secret services deny the claims of torture. [London Times, 5/9/2005]
The Bush administration submits to Congress a 31-page document entitled “The National Security Strategy of the United States.”
Preemptive War - The National Security Strategy (NSS) openly advocates the necessity for the US to engage in “preemptive war” against nations it believes are likely to become a threat to the US’s security. It declares: “In an age where the enemies of civilization openly and actively seek the world’s most destructive technologies, the United States cannot remain idle. The United States will, if necessary, act preemptively.” The declaration that the US will engage in preemptive war with other nations reverses decades of American military and foreign policy stances; until now, the US has held that it would only launch an attack against another nation if it had been attacked first, or if American lives were in imminent danger. President Bush had first mentioned the new policy in a speech in June 2002 (see June 1, 2002), and it echoes policies proposed by Paul Wolfowitz during the George H. W. Bush administration (see March 8, 1992). [Shenon, 2008, pp. 128]
US Must Maintain Military 'Beyond Challenge' - The National Security Strategy states that the ultimate objective of US national security policy is to “dissuade future military competition.” The US must therefore “build and maintain our defenses beyond challenge. Our forces will be strong enough to dissuade potential adversaries from pursuing a military build-up in hopes of surpassing, or equaling, the power of the United States.” [London Times, 9/21/2002]
Ignoring the International Criminal Court - The NSS also states, “We will take the actions necessary to ensure that our efforts to meet our global security commitments and protect Americans are not impaired by the potential for investigations, inquiry, or prosecution by the International Criminal Court (ICC), whose jurisdiction does not extend to Americans and which we do not accept.” [US President, 9/2002]
Declaring War on Terrorism Itself - It states: “The enemy is not a single political regime or person or religion or ideology. The enemy is terrorism—premeditated, politically motivated violence perpetrated against innocents.” Journalism professor Mark Danner will later comment in the New York Times: “Not Islamic terrorism or Middle Eastern terrorism or even terrorism directed against the United States: terrorism itself. ‘Declaring war on “terror,”’ as one military strategist later remarked to me, ‘is like declaring war on air power.’” [New York Times Magazine, 9/11/2005]
Fundamental Reversal of Containment, Deterrence Principles - Washington Post reporter Tim Reich later describes the NSS as “revers[ing] the fundamental principles that have guided successive presidents for more than 50 years: containment and deterrence.” Foreign policy professor Andrew Bacevich will write that the NSS is a “fusion of breathtaking utopianism [and] barely disguised machtpolitik.” Bacevich continues, “It reads as if it were the product not of sober, ostensibly conservative Republicans but of an unlikely collaboration between Woodrow Wilson and the elder Field Marshal von Moltke.” [American Conservative, 3/24/2003]
Written by Future Executive Director of 9/11 Commission - The document is released under George W. Bush’s signature, but was written by Philip D. Zelikow, formerly a member of the previous Bush administration’s National Security Council, and currently a history professor at the University of Virginia and a member of the Foreign Intelligence Advisory Board. Zelikow produced the document at the behest of his longtime colleague National Security Adviser Condoleezza Rice (see June 1, 2002). His authorship of the document will not be revealed until well after he is appointed executive director of the 9/11 commission (see Mid-December 2002-March 2003). Many on the Commission will consider Zelikow’s authorship of the document a prima facie conflict of interest, and fear that Zelikow’s position on the Commission will be used to further the Bush administration’s doctrine of preemptive war (see March 21, 2004). [US Department of State, 8/5/2005; Shenon, 2008, pp. 128]
Entity Tags: Tim Reich, University of Virginia, National Security Council, Bush administration (43), Foreign Intelligence Advisory Board, 9/11 Commission, Andrew Bacevich, Condoleezza Rice, George W. Bush, Philip Zelikow
Timeline Tags: Complete 911 Timeline, Events Leading to Iraq Invasion, US International Relations, 9/11 Timeline
President Bush hosts a dinner meeting with a group of Republican governors at the White House. As deputy press secretary Scott McClellan will later recall, because the meeting is private—no press is allowed—Bush is “conspicuously candid with his former colleagues, now trusted friends and political allies.… Bush’s forthrightness about his thinking and approach on Iraq [is] revealing.” Bush boasts of the recent capture of Ramzi bin al-Shibh (see September 11, 2002) and says of Osama bin Laden, “[W]e don’t know where he is, but he has been diminished.” He then turns to Iraq: “It is important to know that Iraq is an extension of the war on terror,” he says. “In the international debate, we are starting to shift the burden of guilt to the guilty. The international community is risk averse. But I assure you I am going to stay plenty tough.” He repeats his belief that if the international community brings enough pressure to bear, the Iraqi people will take matters into their own hands: “I believe regime change can occur if we have strong, robust inspections. Saddam Hussein is a guy who is likely to have his head show up on a platter” if enough outside pressure is brought to bear. Of Hussein, Bush says: “He is a hateful, ugly, repugnant man who needs to go. He is also paranoid. This is a guy who killed his own security guards recently. I would like to see him gone peacefully. But if I unleash the military, I promise you it will be swift and decisive.” He then tells the governors how to handle questions from possible critics: “Don’t fall into the argument that there is no one to replace Saddam Hussein.… And our planning will make sure there is no oil disruption; we are looking at options to enhance oil flow.” To sum up, Bush says: “Military force is my last option, but it may be the only choice.… I’m gonna make a prediction. Write this down. Afghanistan and Iraq will lead that part of the world to democracy. They are going to be the catalyst to change the Middle East and the world.” In the questioning period, Bush tells the governors that while he intends to invade Iraq sooner rather than later, he is aware that the political timing of the decision is important, with the midterm elections approaching. He reiterates: “[I]f we have to go [into Iraq], we will be tough and swift and it will be violent so troops can move very quickly.… If we go, we will use the full force and the might of the US military (see February 25, 2003).… I believe in the power of freedom.” After the meeting, Governor John Rowland (R-CT), the chairman of the Republican Governors Association, calls the meeting a “heart to heart” on Iraq. But, McClellan will later reflect, “it was also a frank strategy powwow between the leader of a campaign and some important members of his team—a collection of local politicians who could play a crucial role in helping to generate popular support for the decision to invade.” [McClellan, 2008, pp. 139-141]
The New York Times publishes a highly detailed set of military options the Pentagon has recently given President Bush for attacking Iraq (see September 20, 2002). General Tommy Franks gave Bush the document just before a US speech at the UN calling for military action against Saddam Hussein. The attack would begin with a lengthy air campaign by B-2 bombers using satellite-guided bombs to knock out Iraqi command centers and air defenses, to isolate Hussein from field commanders. Ground forces would stage out of Kuwait. “The President has options now, and he has not made any decisions,” states White House Press Secretary Ari Fleischer. [New York Times, 9/21/2002] These plans assume that only 5,000 troops would remain in Iraq by December 2006, a date only 45 months from the proposed invasion date - D-Day. The plans discussed goals and strategies for the invasion: “POTUS/SECDEF [President of US/Secretary of Defense] directed effort; limited to a very small group… Integrate / consider all elements of national power… [State Department] will promote creation of a broad-based, credible provisional government - prior to D-day… Iraqi regime has WMD capability.” [National Security Archive, 2/14/2007] The release of the military plans causes no widespread outrage or official US investigation, suggesting the White House approved the leak.
The Times of London uses the recently released intelligence “dossier” from British intelligence (see September 24, 2002) to report that Iraqi dictator Saddam Hussein has sent agents into Africa to find uranium for Iraqi nuclear weapons. The Times does not inform its readers that many British journalists were shown evidence contradicting the British intelligence claims (see September 24, 2002). It focuses on the dossier’s claim that Iraqi “agents” have secretly visited several African countries in search of uranium. Thirteen African nations produce uranium to one extent or another. A Whitehall source tells The Times that while Hussein may have attempted to find African uranium, those alleged efforts were unsuccessful. “If Iraq had succeeded in buying uranium from Africa, the dossier would have said so,” the source says. The Times reports that Iraq attempted to purchase uranium from, among other sources, the Democratic Republic of Congo, though at least part of that nation’s uranium mines are currently under the control of troops from Zimbabwe. The dossier does not specify any other countries that may have been contacted by Iraq. The Times also repeats the dossier’s claim that Iraq has biological and chemical weapons that can be launched against targets in as little as 45 minutes (see Late May 2003, August 16, 2003, December 7, 2003, January 27, 2004, and October 13, 2004), that Iraq is developing missiles with ranges of 600 miles (see January 9, 2003, January 16, 2003, February 27, 2003, March 7, 2003, and June 2004), and that Hussein may have given his son Qusay the power to order the use of those weapons. It also reports that the dossier specifically downplays suspected links between Iraq and radical Islamist groups such as al-Qaeda. Hussein has little sympathy for Islamist fundamentalists, The Times reports. [London Times, 9/25/2002]
British police raid a flat in the small town of Thetford, a hundred miles northeast of London, where they arrest a man named David Khalef. The raid, part of a crackdown on radical Islamist fundraisers in Britain, turns up a black holdall, inside which there are several photocopied sheets of paper with Arabic writing. After translation, the papers are found to contain recipes for making ricin, cyanide, nicotine poison, and rotten meat poison, as well as a list of chemicals and other ingredients needed to make them. These chemicals and ingredients can be freely purchased in shops. British government scientists find that the recipes are “viable” and could be used to make a small quantity of poison. According to authors Sean O’Neill and Daniel McGrory: “The discovery [sends] shock waves through the senior ranks of Britain’s security and intelligence community. For the first time they had uncovered an Islamist plot to carry out a terrorist attack in Britain.” An anonymous senior anti-terrorist officer will say: “It was the first tangible evidence that we had come across something more than fundraising. Imagine the impact of the discovery that we had found people who were apparently interested in mounting attacks in the UK using unconventional weapons.” [O'Neill and McGrory, 2006, pp. 238-239] Khalef will later be tried for involvement in a ricin plot, but acquitted (see April 8-12, 2004).
Congressional Republicans thwart an attempt to expand the Environmental Protection Agency (EPA)‘s ability to compel chemical facilities to prepare contingency plans for terrorist attacks (see December 1999 and Late September 2001). The 1990 Clean Air Act (CAA) allows the agency to force plants to plan for potentially calamitous accidents, and environmentalists and national security advocates argue that the CAA could easily be used in regards to having plants prepare for terrorist attacks. However, Republicans in Congress resist the idea. The EPA is unpopular among conservatives—Senator James Inhofe (R-OK) has called the agency a “Gestapo bureaucracy,” and House Majority Leader Tom DeLay (R-TX) has called it “the Gestapo of government”—and, along with industry representatives and lobbyists, the Republicans successfully persuade the EPA not to, in the agency’s words, “push the envelope” in interpreting the CAA. [Roberts, 2008, pp. 93]
The Army’s senior SERE psychologist, Lieutenant Colonel Morgan Banks, warns interrogators at Guantanamo against using SERE techniques in their questioning of detainees. The SERE program, which trains US soldiers to resist torture, has had its tactics “reverse-engineered” to be used against suspected terrorists (see December 2001, January 2002 and After, and July 2002). In an e-mail, Banks writes: “[T]he use of physical pressures brings with it a large number of potential negative side effects.… When individuals are gradually exposed to increasing levels of discomfort, it is more common for them to resist harder.… If individuals are put under enough discomfort, i.e. pain, they will eventually do whatever it takes to stop the pain. This will increase the amount of information they tell the interrogator, but it does not mean the information is accurate. In fact, it usually decreases the reliability of the information because the person will say whatever he believes will stop the pain.… Bottom line: the likelihood that the use of physical pressures will increase the delivery of accurate information from a detainee is very low. The likelihood that the use of physical pressures will increase the level of resistance in a detainee is very high.” [Huffington Post, 4/21/2009]
Deputy Director of Central Intelligence John McLaughlin testifies before the Senate Select Committee on Intelligence. When asked by Senator Jon Kyl (R-AZ) whether he has read the British white paper (see September 24, 2002) on Iraq and whether he disagrees with any of its conclusions he responds: “[T]he one thing where I think they stretched a little bit beyond where we would stretch is on the points about Iraq seeking uranium from various African locations. We’ve looked at those reports and we don’t think they are very credible…” [US Congress, 7/7/2004]
State Department officials, led by Undersecretary of State Jim Kelly, fly to Pyongyang, North Korea, and confront Kim Jong Il’s foreign ministry with evidence that North Korea is working on centrifuges for processing enriched uranium—a necessity for the production of nuclear weapons. The State officials are surprised when the North Koreans admit to owning such centrifuges. The new threat is not particularly imminent, as it takes years to process the amount of uranium needed for even a single atomic bomb, but the US officials are unsettled by the North Koreans’ ready admission. The North Koreans also have a supply of radioactive fuel rods from their nuclear power plant in Yongbyon; these rods could be processed into plutonium and then into atomic bombs in a matter of months. Under the so-called “Agreed Framework” (see October 21, 1994), an agreement brokered by the Clinton administration and negotiated by former President Jimmy Carter, those fuel rods are locked in a storage facility and monitored by international weapons inspectors. Unfortunately, after the US and North Korea match each other in threats and belligerence, North Korea will throw out the weapons inspectors, open the storage facility, and begin reprocessing them into bomb-grade plutonium. Instead of careful negotiations and diplomacy, the US in essence goads the volatile North Koreans into breaking the agreement and restarting their nuclear weapons program (see October 27, 2002). [Washington Monthly, 5/2004] One administration official will later call the negotiating tactics “no carrot, no stick, and no talk.” Author J. Peter Scoblic will later term the negotiating failure “catastrophic,” noting that by 2006 the North Koreans will not only have produced enough plutonium for 10 nuclear weapons, they will have tested one. Scoblic will write: “Often frustrated by their failures, their inability to rid the world of evil (see December 19, 2003), Bush officials assuaged their moral sensibilities by ‘calling evil by its name.’ Conservatives, who were fond of deriding treaties as mere pieces of paper, had actually opted for an even less forceful alternative: taunting.” [Scoblic, 2008, pp. 234]
Preparing for a major speech by President Bush on Iraq (see October 7, 2002), the National Security Council has sent the sixth draft of the speech to the CIA for vetting. It includes a line saying that Iraq “has been caught attempting to purchase up to 500 metric tons of uranium oxide from Africa—an essential ingredient in the enrichment process.” It is essentially the same language turned down by the CIA for an earlier speech (see September 11, 2002). In response, the CIA’s associate deputy director for intelligence [ADDI] sends a four-page memo to Bush administration officials, including Bush’s Deputy National Security Adviser, Stephen J. Hadley, and the chief speechwriter, Michael Gerson, expressing doubt over claims that Iraq had attempted to obtain uranium from Niger. On page three of the memo, the ADDI advises removing the allegation from the draft of Bush’s upcoming speech in Cincinnati. “[R]emove the sentence because the amount is in dispute and it is debatable whether it can be acquired from the source. We told Congress that the Brits have exaggerated this issue (see September 24, 2002). Finally, the Iraqis already have 550 metric tons of uranium oxide in their inventory.” [Washington Post, 7/23/2003; Unger, 2007, pp. 261-262] Despite the warning, the White House refuses to make substantial changes. Draft seven of the speech, completed later in the day (see October 6, 2002), contains the passage, “[T]he regime has been caught attempting to purchase substantial amounts of uranium oxide from sources in Africa.” [US Congress, 7/7/2004] Hadley will later claim in July 2003 that he did not brief his boss, Condoleezza Rice, on the memo. [Washington Post, 7/27/2003]
The New York Times reports that the FBI is refusing to allow Abdussattar Shaikh, the FBI informant who lived with 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar in the second half of 2000 (see May 10-Mid-December 2000), to testify before the 9/11 Congressional Inquiry. The FBI claims Shaikh would have nothing interesting to say. The Justice Department also wants to learn more about him. [New York Times, 10/5/2002] The FBI also tries to prevent Shaikh’s handler Steven Butler from testifying, but Butler will end up testifying before a secret session on October 9, 2002 (see October 9, 2002). Shaikh will not testify at all. [Washington Post, 10/11/2002] Butler’s testimony will uncover many curious facts about Shaikh. [New York Times, 11/23/2002; US News and World Report, 12/1/2002; US Congress, 7/24/2003; San Diego Union-Tribune, 7/25/2003]
FBI agent Robert Fuller interrogates Canadian citizen Omar Khadr at Bagram Air Base in Afghanistan. Fuller is an FBI agent who failed to locate the 9/11 hijackers in the US before 9/11 (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001), while Khadr is a minor accused of throwing a hand grenade that killed a US soldier in Afghanistan. The interrogation lasts from October 7 to October 22. On the first day, Fuller shows Khadr a black-and-white photograph provided by the FBI in Massachusetts of Maher Arar, a Canadian terror suspect the US has been holding in New York (see September 26, 2002). Fuller will later say that Khadr identifies Arar as someone he has seen in a safe house run by al-Qaeda in Afghanistan and that he also “may have” seen Arar at a terror training camp near Kabul. However, at the time Khadr says he saw Arar in Afghanistan—September and October 2001—Arar was first in the US and then in Canada under surveillance by the local authorities, according to Walter Ruiz, a lawyer who will later represent Khadr. Ruiz will also point out that it takes Khadr several minutes to identify Arar. Another of Khadr’s lawyers, Lieutenant Commander Bill Kuebler, will say that Khadr repeatedly lies to his interrogators to avoid being abused. Deputy Attorney General Larry Thompson decides that Arar will be deported to Syria on this day (see October 7, 2002), and the deportation is soon carried out (see October 8, 2002). However, it is unclear whether Thompson’s decision is motivated by Fuller’s interrogation of Khadr or other factors. [CBC News, 1/20/2009; Canwest News Service, 1/20/2009] Fuller will testify about the identification at a Guantanamo hearing (see January 19, 2009), but facts calling it into question will emerge under cross-examination (see January 20, 2009).
Visa applications for the 15 Saudi Arabian hijackers are made public, and six separate experts agree: “All of them should have been denied entry [into the US].” Joel Mowbray, who first breaks the story for the conservative National Review, says he is shocked by what he saw: “I really was expecting al-Qaeda to have trained their operatives well, to beat the system. They didn’t have to beat the system, the system was rigged in their favor from the get-go.” A former US consular officer says the visas show a pattern of criminal negligence. Some examples: “Abdulaziz Alomari claimed to be a student but didn’t name a school; claimed to be married but didn’t name a spouse; under nationality and gender, he didn’t list anything.”
“Khalid Almihdhar… simply listed ‘Hotel’ as his US destination—no name, no city, no state but no problem getting a visa.” Only one actually gave a US destination, and one stated his destination as “no.” Only Hani Hanjour had a slight delay in acquiring his visa. His first application was flagged because he wrote he wanted to visit for three years when the legal limit is two. When he returned two weeks later, he simply changed the form to read “one year” and was accepted. The experts agree that even allowing for chance, incompetence, and human error, the odds were that only a few should have been approved. [National Review, 10/9/2002; New York Post, 10/9/2002; ABC News, 10/23/2002] In response to the revelation, the State Department says, “The fact is that with 20/20 hindsight, I’m sure one can always find a reason that you might have turned down a visa.” [Nation Review Online, 10/10/2002; State Department, 10/10/2002]
As a group of Democratic and Republican members of Congress are discussing the proposed bill to authorize the use of force against Iraq (see October 2, 2002), President Bush walks in and says: “Look, I want your vote. I’m not going to debate it with you.” When a senator attempts to ask him a question, Bush snaps back, “Look, I’m not going to debate it with you.” [Time, 9/6/2004; New York Times Magazine, 10/17/2004]
San Diego FBI agent Steven Butler reportedly gives “explosive” testimony to the 9/11 Congressional Inquiry. Butler, recently retired, has been unable to speak to the media, but he was the handler for Abdussattar Shaikh, an FBI informant who rented a room to 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar. Butler claims he might have uncovered the 9/11 plot if the CIA had provided the FBI with more information earlier about Alhazmi and Almihdhar. [US News and World Report, 12/1/2002] He says, “It would have made a huge difference.” He suggests they would have quickly found the two hijackers because they were “very, very close.… We would have immediately opened… investigations. We would have given them the full court press. We would… have done everything—physical surveillance, technical surveillance, and other assets.” [US Congress, 7/24/2003 ; San Diego Union-Tribune, 7/25/2003] Butler discloses that he had been monitoring a flow of Saudi Arabian money that wound up in the hands of two of the 9/11 hijackers, but his supervisors failed to take any action on the warnings. It is not known when Butler started investigating the money flow, or when he warned his supervisors. [US News and World Report, 12/1/2002] The FBI had tried to prevent Butler from testifying, but was unsuccessful. [Washington Post, 10/11/2002] Following Butler’s testimony, Staff Director Eleanor Hill “detail[s] his statements in a memo to the Justice Department.” The Justice Department will decline comment on the matter, saying Butler’s testimony is classified. [US News and World Report, 12/1/2002] This testimony doesn’t stop the US government from deporting Basnan to Saudi Arabia several weeks later. [Washington Post, 11/24/2002]
At a Republican fundraiser, President Bush erroneously labels captured Islamic militant Abu Zubaida (see March 28, 2002) as “one of the top three leaders” of al-Qaeda. Senior government officials have long been aware that many intelligence officials believe Zubaida to be little more than a low-level “gofer” for al-Qaeda (see Shortly After March 28, 2002 and April 9, 2002 and After). Bush says, apparently boasting of the deaths of some captured suspects: “I would say we’ve hauled in—arrested, or however you want to put it—a couple of thousand of al-Qaeda. Some of them are former leaders. Abu Zubaida was one of the top three leaders in the organization. Like number weren’t as lucky, they met a different kind of fate. But they’re no longer a problem. We’re slowly but surely rounding them up. The other day we got this guy, [Ramzi b]in al-Shibh. He popped his head up. He’s not a problem (see September 11, 2002). Slowly but surely. And I’m not giving up. There’s not a calendar on my desk that says, okay, on this day, you quit. That’s just not the way I think.” [White House, 10/14/2002]
The US announces that North Korea has admitted to having a secret nuclear arms program during arms negotiations (see October 4, 2002). Initially, North Korean leader Kim Jong Il says he will allow United Nations weapons inspectors to look over his nation’s nuclear facilities, but that offer will not last. [BBC, 12/2007]
NSA Director Michael Hayden.
[Source: NSA]NSA Director Michael Hayden testifies before the 9/11 Congressional Inquiry that the “NSA had no [indications] that al-Qaeda was specifically targeting New York and Washington… or even that it was planning an attack on US soil.” Before 9/11, the “NSA had no knowledge… that any of the attackers were in the United States.” Supposedly, a post-9/11 NSA review found no intercepts of calls involving any of the 19 hijackers. [Reuters, 10/17/2002; US Congress, 10/17/2002; USA Today, 10/18/2002] Yet, in the summer of 2001 (see Summer 2001), the NSA intercepted communications between Khalid Shaikh Mohammed, the mastermind of the 9/11 attacks, and hijacker Mohamed Atta, when he was in charge of operations in the US. [Independent, 6/6/2002; Independent, 9/15/2002] What was said between the two has not been revealed. The NSA also intercepted multiple phone calls from al-Qaeda leader Abu Zubaida to the US in the days before 9/11 (see Early September 2001). But who was called or what was said has not been revealed. [ABC News, 2/18/2002] In addition, Hayden testified three times in secret on June 18, June 19, and July 18, but little is known about what he said, as not much information is disclosed in the media and many sections of the Inquiry’s final report about the NSA are heavily redacted. The main revelations at the time of the summer hearings are that the NSA intercepted two messages apparently pertaining to the forthcoming attack one day before 9/11, and this sparks a controversial leak inquiry by the FBI (see August 2, 2002). [CNN, 6/18/2002; CBS News, 6/19/2002; CNN, 6/20/2002; US Congress, 7/24/2003 ]
The Bush administration publicly reveals that North Korea has centrifuges needed to produce weapons-grade uranium (see October 4, 2002). The administration has kept this information secret for two weeks, waiting for Congress to pass its resolution authorizing military action against Iraq (see October 10, 2002) before releasing it to the public. Foreign affairs journalist Fred Kaplan will later write: “The public rationale for war was that Saddam Hussein possessed weapons of mass destruction. If it was known that North Korea was also making WMDs—and nuclear weapons, at that—it would have muddied the debate over Iraq. Some would have wondered whether Iraq was the more compelling danger—or asked why Bush saw a need for war against Iraq but not against North Korea.” Three days later, Bush announces that the US is unilaterally withdrawing from the “Agreed Framework” treaty between the US and North Korea that keeps North Korea from producing nuclear weapons (see October 21, 1994 and October 27, 2002). [Washington Monthly, 5/2004]
At the request of FBI Director Robert Mueller, Attorney General John Ashcroft files a declaration invoking the “state secrets” privilege (see March 9, 1953) to block FBI translator Sibel Edmonds’ lawsuit against the government from being heard in court. [New York Observer, 1/22/2004] The Justice Department insists that disclosing her evidence, even at a closed hearing in court, “could reasonably be expected to cause serious damage to the foreign policy and national security of the United States.” The “state secrets privilege,” derived from English common law, has never been the subject of any congressional vote or statute. Normally, the privilege is used to block the discovery of a specific piece of evidence that could put the nation’s security at risk. But Ashcroft’s declaration asserts that the very subject of her lawsuit constitutes a state secret, thus barring her from even presenting her case in court. The text of Ashcroft’s declaration is classified. [Vanity Fair, 9/2005] The Justice Department’s Director of Public Affairs, Barbara Comstock, says in a press release: “To prevent disclosure of certain classified and sensitive national security information, Attorney General Ashcroft today asserted the state secrets privilege.… The state secrets privilege is well established in federal law… and allows the Executive Branch to safeguard vital information regarding the nation’s security or diplomatic relations. In the past, this privilege has been applied many times to protect our nation’s secrets from disclosure, and to require dismissal of cases when other litigation mechanisms would be inadequate. It is an absolute privilege that renders the information unavailable in litigation.” [US Department of Justice, 10/18/2002; Siegel, 2008, pp. 201]
Responding to North Korea’s admission that it has the centrifuges necessary to produce weapons-grade uranium (see October 4, 2002 and October 17, 2002), President Bush announces that the US is unilaterally withdrawing from the 1994 “Agreed Framework” treaty between the US and North Korea that keeps North Korea from producing nuclear weapons (see October 21, 1994). It halts oil supplies to North Korea and urges other countries to cut off all economic relations with that country. In return, the North goes back and forth, at one turn defending its right to develop nuclear weapons, and in another offering to halt its nuclear program in return for US aid and the signing of a US non-aggression pact. North Korea asserts that the US has not met its obligations under the Agreed Framework (see October 21, 1994), as the construction of light-water nuclear reactors, scheduled to be completed in 2003, is years behind schedule. [Washington Monthly, 5/2004; BBC, 12/2007]
The General Accounting Office, the nonpartisan investigative arm of Congress, releases a report asserting that at least 13 of the 19 9/11 hijackers were never interviewed by US consular officials before being granted visas to enter the US. This contradicts previous assurances from the State Department that 12 of the hijackers had been interviewed. It also found that, for 15 hijackers whose applications could be found, none had filled in the documents properly. Records for four other hijackers (the four non-Saudis, i.e., Ziad Jarrah, Mohamed Atta, Fayez Ahmed Banihammad, and Marwan Al Shehhi) could not be checked because they were accidentally destroyed. [National Review Online, 10/21/2002; United States General Accounting Office, 10/21/2002 ; Washington Post, 10/22/2002] The State Department maintains that visa procedures were properly followed. In December 2002, Senators Jon Kyl (R-AZ) and Pat Roberts (R-KS) state in a chapter of the 9/11 Congressional Inquiry that “if State Department personnel had merely followed the law and not granted non-immigrant visas to 15 of the 19 hijackers in Saudi Arabia… 9/11 would not have happened.” [Associated Press, 12/19/2002; US Congress, 7/24/2003, pp. pp. 653-673 ]
Entity Tags: Saeed Alghamdi, Salem Alhazmi, Satam Al Suqami, US Department of State, Pat Roberts, Waleed Alshehri, Wail Alshehri, Nawaf Alhazmi, Ziad Jarrah, Mohamed Atta, Mohand Alshehri, Government Accountability Office, Ahmed Alnami, Fayez Ahmed Banihammad, 9/11 Congressional Inquiry, Abdulaziz Alomari, Marwan Alshehhi, Ahmed Alghamdi, Ahmed Alhaznawi, Hani Hanjour, Majed Moqed, Hamza Alghamdi, Khalid Almihdhar, Jon Kyl
Timeline Tags: Complete 911 Timeline, 9/11 Timeline
FBI investigators say they are building a “growing circumstantial evidence case” against anthrax attacks suspect Steven Hatfill. Supposedly, “their secret weapon” is bloodhounds tying “scent extracted from anthrax letters” to Hatfill’s apartment. [ABC News, 10/22/2002] But the bloodhound story has already been reported and largely discredited (see August 4, 2002).
The North Korean Central News Agency, a government-run media outlet, announces that if the US is ready to conclude a peace treaty with North Korea, then it “will be ready to clear the US of its security concerns.” North Korea is implying that it will cease developing nuclear weapons. But the Bush administration has no interest in establishing peaceful relations with North Korea (see November 2002). [Scoblic, 2008, pp. 239] The US chief arms negotiator for North Korea, Jim Kelly, is asked if the administration might ask the United Nations Security Council to intervene. According to a diplomat present for the exchange, Kelly replies, “The Security Council is for Iraq.” Kelly will later claim not to recall making the statement. [Washington Post, 10/26/2004]
The Washington Post reports in a front-page story, “A significant number of scientists and biological warfare experts are expressing skepticism about the FBI’s view that a single disgruntled American scientist prepared the spores and mailed the deadly anthrax letters that killed five people last year.” More than a dozen experts suggest investigators should “reexamine the possibility of state-sponsored terrorism, or try to determine whether weaponized spores may have been stolen by the attacker from an existing, but secret, biodefense program or perhaps given to the attacker by an accomplice.” These experts suggest that making the type of anthrax used could take a team of experts and millions of dollars. The article focuses on the possibility that Iraq could be to blame, and mentions that unnamed senior Bush administration officials believe Iraq was behind the attacks (see October 28, 2002). However, even though the Post claims “a consensus has emerged in recent months among experts,” only one expert, Richard Spertzel, is named who supports the Iraq theory. Spertzel was the chief biological inspector for the UN Special Commission from 1994 to 1998. He says: “In my opinion, there are maybe four or five people in the whole country who might be able to make this stuff, and I’m one of them. And even with a good lab and staff to help run it, it might take me a year to come up with a product as good.” [Washington Post, 10/28/2002] Although the article doesn’t mention it, the other scientists Spertzel say could make the anthrax are renowned bioterrorism expert William Patrick and several unnamed scientists at Dugway Proving Ground, the US Army’s bioweapons laboratory in Utah, that Patrick trained in anthrax production in 1998. [Vanity Fair, 9/15/2003] This renewed focus on an Iraq-anthrax link coincides with the US push to go to war with Iraq, and will fade after the Iraq war starts.
North Korean leader Kim Jong Il sends a letter to President Bush saying, “If the United States recognizes our sovreignty and assures non-aggression, it is our view that we should be able to find a way to resolve the nuclear issue in compliance with the demands of a new century.” The Bush administration has already ignored one recent proffer from North Korea (see October 27, 2002); it responds to this one by cutting off the monthly shipments of heavy fuel oil as mandated by the Agreed Framework (see October 21, 1994). In turn, North Korea declares the Agreed Framework dead. [Scoblic, 2008, pp. 239]
The deputy commander of the Pentagon’s Criminal Investigation Task Force at the Guantanamo Bay detention facility raises concerns that the SERE techniques being used against suspected terrorists (see December 2001) were “developed to better prepare US military personnel to resist interrogations and not as a means of obtaining reliable information.” Concurrently with this officer’s questions, Air Force officials cite “serious concerns regarding the legality of many of the proposed techniques.” Legal officials from other military branches agree, citing “maltreatment” that would “arguably violate federal law.” [Senate Armed Services Committee, 11/20/2008 ]
Qaed Salim Sinan Al-Harethi (right) with Osama bin Laden on May 26, 1998, in Khost, Afghanistan. [Source: CNN via Getty Images]Deputy Defense Secretary Paul Wolfowitz confirms that the assassination of Qaed Senyan al-Harethi in Yemen two days earlier (see November 3, 2002) was done with a US Predator drone that struck the truck carrying al-Harethi and five others. Initial reported suggested that the truck was destroyed by a car bomb, but this cover story is blown when Wolfowitz brags about the success of the operation on CNN, revealing US involvement. Newsweek reports that “The CIA, which ran the operation, was furious with the Defense Department for blowing its cover story.” US procedures required that the Yemeni government had to give approval of the strike in advance, and the revelation of such approval is highly embarrassing to the Yemeni government. [Washington Post, 11/6/2002; Newsweek, 11/11/2002] There are widespread protests in Yemen and the US Embassy has to be closed for a period of time following Wolfowitz’s revelation. [Salon, 8/13/2004] A knowledgeable source tells Newsweek that Yemen’s President Ali Abdallah Saleh is “highly pissed” about the leak. CIA officials worry the leak will discourage other countries from allowing Predator strikes within their borders. A former senior CIA official says, “The Pentagon view seems to be, this is good, it shows we can reach out and touch ‘em. The CIA view is, you dumb bastards, this means no other country will cooperate with us!” [Newsweek, 11/11/2002] Yayha Almutawakel, deputy secretary general of the ruling party in Yemen, says,
“This is why it is so difficult to make deals with the United States. This is why we are reluctant to work closely with them. They don’t consider the internal consequences in Yemen. In security matters you don’t want to alert the enemy.” [Salon, 8/13/2004] Wolfowitz’s leak also starts a debate about the morality and legality of the strike, especially since a US citizen was killed (see November 5- December, 2002).
A reporter asks President Bush if he thinks a war against Iraq might be a bad idea given widespread concerns that it could “generate a tremendous amount of anger and hatred at the United States… [thus] creating many new terrorists who would want to kill Americans.” Bush responds that the US should not avoid taking action out of fear that it might “irritate somebody [who] would create a danger to Americans.” He adds that no decision has been made with regard to using force against Iraq. “Hopefully, we can do this peacefully,” he says. “And if the world were to collectively come together to do so, and to put pressure on Saddam Hussein and convince him to disarm, there’s a chance he may decide to do that. And war is not my first choice… it’s my last choice. But nevertheless, it is… an option in order to make the world a more peaceful place.” [US President, 11/11/2002]
McClellan: War 'Inevitable' - However, current deputy press secretary Scott McClellan will dispute Bush’s claim. In 2008, he will write: “Bush made sure this initiative was closely held, known only by a few people who could be trusted not to leak it. But it meant that, in effect, Bush had already made the decision to go to war—even if he convinced himself it might still be avoided. In the back of his mind, he would be convinced in Iraq, as on other issues, that until he gave the final order to commence war the decision was never final. But as I would learn upon reflection, war was inevitable given the course of action the president set from the beginning.” [McClellan, 2008, pp. 127-128]
Enabled by Foreign Advisers - McClellan will continue: “Did Bush’s National Security Adviser, Condi Rice, fully calibrate for Bush’s headstrong style of leadership or appreciate the need to keep his beliefs in proper check? That will be for historians to judge. But overall, Bush’s foreign policy advisers played right into his thinking, doing little to question it or to cause him to pause long enough to fully consider the consequences before moving forward. And once Bush set a course of action, it was rarely questioned. That is what Bush expected and made known to his top advisers. The strategy for carrying out a policy was open for debate, but there would be no hand-wringing, no second-guessing of the policy once it was decided and set in motion.” [McClellan, 2008, pp. 127-128]
Heightened security on the London Underground. [Source: BBC]Three men are arrested in London and charged under the Terrorism Act 2000 for the possession of articles for the preparation, instigation, and commission of terrorism acts. The Sunday Times breaks the story and claims that MI5 and police have foiled a major plot to release cyanide gas on the London Underground (the Tube), which is used by three million commuters each day. The men, all of North African origin, are also alleged to have links with al-Qaeda. They are Rabah Chekat-Bais, 21, Rabah Kadris, in his mid-30s, and Karim Kadouri, 33, all unemployed and of no fixed address. Kadris is the librarian at Finsbury Park Mosque, which is perceived by many officials to be a hotbed of radicalism. [BBC, 11/17/2002] Magnus Ranstorp, an expert in international terrorism at the University of Saint Andrews in Scotland says “cyanide has surfaced a number of times surrounding al-Qaeda’s chemical program.” Video obtained by CNN in August shows tests of a chemical agent, presumed to be cyanide, on dogs at a camp in Afghanistan. Documentation recovered in Afghanistan also reveals al-Qaeda’s interest in chemical weapons. The Ministry of Defense simulated biological attacks on the underground in the early 1960s, during the Cold War. Scientists mixed harmless spores of the anthrax analogue Bacillus globigii with talcum powder and released them on the Northern Line. They found that the spores dispersed to every one of the several dozen stations on that line. The Defense scientists projected disastrous consequences in the event of a genuine attack. A London Underground spokeswoman, addressing the alleged cyanide threat, refused to comment on the counter measures currently in place but says, “we are always speaking to police and reviewing what we can do,” adding, “all our staff are well trained to look out for the unusual.” Governments around the world warn their citizens of possible terrorist attacks, and Prime Minister Tony Blair urges the public to be vigilant. [New Scientist, 11/18/2002] In fact, no such plot has been discovered. The government moves quickly to play down connections between the arrest of the three men and a threat to the Tube. It is disclosed to the press that the men had been in contact with British residents in London and that the charges related to false passports and credit cards, but not explosives or chemicals. A police source says there was “no bomb-making paraphernalia” in their possession. Three other men arrested at the same time are released later in the week. [Guardian, 11/18/2002] Deputy Prime Minister John Prescott, commenting on the Times story, says the arrests had “excited the press.” He adds “as the Prime Minister reminds us, we get an awful lot of intelligence which we have to make judgments about. In this case it does not appear there is any evidence whatsoever there was going to be a gas attack or use of bombs regarding the three people who have been arrested.” A Home Office spokesman says, “The Prime Minister has made it clear that there are threat reports every day and these are assessed. If the government or police thought it was necessary to give the public a specific warning about any venue, including the Underground, it would do it without hesitation.” [BBC, 11/17/2002] Security sources indicate that separate intelligence from abroad points to Islamist extremists planning such an attack. Sources say that there is “a clear intention” to attack the underground and other targets in Britain and Western Europe. Whitehall sources say the arrests of the three men reflect a determination among the security services to disrupt suspect terrorists and networks “at an early stage.” [Guardian, 11/18/2002] The three arrested men make a 15-minute appearance in court on November 18. The court hears that the three have never been questioned by police about the alleged plot. According to lawyers for the three men, the details of the alleged plot had not been disclosed to them and had only emerged in the press over the last few days. The three suspects are remanded in custody for four weeks by district judge Timothy Workman and appear again on December 16. Two of the suspects subsequently plead guilty, under ordinary criminal laws, to passport offenses. [Independent, 11/18/2002]
A typical atropine auto-injector as provided for the US military. [Source: King Pharmaceutical]White House officials report that Iraq has ordered a million doses of atropine, a drug used as an antidote to sarin and VX nerve agents. Iraq has also ordered a million auto-injectors, designed to inject the material into a person’s leg. Both orders were made with suppliers in Turkey, who are being pressured to abort the sales. White House officials say that the quantities ordered by Iraq are far larger than any amount they might need for normal hospital use. “If the Iraqis were going to use nerve agents, they would want to take steps to protect their own soldiers, if not their population,” an official says. “This is something that US intelligence is mindful of and very concerned about.” Iraq claims to have destroyed its stockpiles of sarin and VX, but US intelligence officials doubt this. US soldiers carry atropine and auto-injectors in first-aid kits in case of chemical attacks. One official notes that Iraq has also ordered another antidote for chemical weapons, obidoxime chloride. Officials admit that atropine is commonly used in hospitals and clinics to resuscitate patients who have suffered heart attacks: “Atropine and auto-injectors are common products,” an official says. Auto-injectors commonly inject five times as much atropine as is usually used for heart attack victims. [New York Times, 11/12/2002]
The 9/11 Congressional Inquiry had been frustrated in its attempts to speak with Abdussattar Shaikh (see October 5, 2002), the FBI informant who was a landlord to two of the 9/11 hijackers (see Mid-May-December 2000; May 10-Mid-December 2000). On this day, a senior FBI official sends a letter to Sen. Bob Graham (D-FL) and Rep. Porter Goss (R-FL), the co-chairs of the Inquiry. In explaining why the FBI has been uncooperative and not allowed the informant to testify, the letter says, “the Administration would not sanction a staff interview with the source, nor did the Administration agree to allow the FBI to serve a subpoena or a notice of deposition on the source.” Graham later will comment, “We were seeing in writing what we had suspected for some time: the White House was directing the cover-up.” [Graham and Nussbaum, 2004, pp. 166]
An Afghan detainee dies of hypothermia while being brutalized by CIA interrogators at a secret prison north of Kabul code-named the “Salt Pit” (see After October 2001). The detainee, whose name is Gul Rahman, is considered uncooperative (see November 2002). [Washington Post, 3/3/2005; ABC News, 11/18/2005; Associated Press, 3/28/2010] He had originally been arrested in Pakistan, and then brought to Afghanistan. [Washington Post, 9/19/2009] An inexperienced junior CIA case officer named Matthew Zirbel, who is in charge of the Salt Pit, orders Rahman to be stripped semi-naked, chained to the concrete floor, and left overnight without blankets. [Washington Post, 3/3/2005; ABC News, 11/18/2005; Mahoney and Johnson, 10/9/2009, pp. 29 ] The incident will later be confirmed by four government officials. Afghan guards paid by the CIA and working under agency supervision take Rahman to an abandoned warehouse, drag him around on the concrete floor, causing bruising and lacerations, before chaining him in his cell. When night falls, the temperature plummets. Rahman is found in the morning, frozen to death. A CIA medic quickly autopsies him and states that “hypothermia” is the cause of death, and guards bury the body in an unmarked, unacknowledged cemetery used by Afghan forces. The man’s family is not notified, and his remains are never returned for a proper burial. The man is not listed on any registry of captives, not even as a so-called “ghost detainee.” One government official says simply, “He just disappeared from the face of the earth.” Zirbel will later be promoted. [Washington Post, 3/3/2005; ABC News, 11/18/2005] Zirbel’s supervisor, the CIA chief of station in Afghanistan known only as Paul P., will go on to play a role in incidents of detainee abuse in Iraq, although details about this are unknown. [Washington Post, 9/19/2009; Harper's, 3/28/2010] Colleagues later describe Zirbel as “bright… eager, [and] full of energy,” and say that he was placed in charge of the facility because “there were not enough senior-level volunteers,” according to one senior intelligence officer. “It’s not a job just anyone would want. More senior people said, ‘I don’t want to do that.’ There was a real notable absence of high-ranking people” in Afghanistan. Moreover, the officer will add: “[T]he CIA did not have a deep cadre of people who knew how to run prisons. It was a new discipline. There’s a lot of room to get in trouble.” The CIA will brief the chairmen and vice chairmen of the House and Senate Intelligence Committees on the death, but at least one official will say the briefing is incomplete. Senator John D. Rockefeller (D-WV), the ranking minority member of the Senate Intelligence Committee, will ask the committee chairman, Pat Roberts (R-KS), to investigate Rahman’s death, but Roberts will refuse. No one is sure if Rahman had any real connection to al-Qaeda or the Taliban. “He was probably associated with people who were associated with al-Qaeda,” one US government official will say. [Washington Post, 3/3/2005; ABC News, 11/18/2005]
This Homeland Security department logo of an eye peeking
through a keyhole was copyrighted but apparently not used.
[Source: Public domain]President Bush signs legislation creating the Department of Homeland Security. Homeland Security Director Tom Ridge is promoted to secretary of homeland security. The department will consolidate nearly 170,000 workers from 22 agencies, including the Coast Guard, the Secret Service, the federal security guards in airports, and the Customs Service. [New York Times, 11/26/2002; Los Angeles Times, 11/26/2002] However, the FBI and CIA, the two most prominent anti-terrorism agencies, will not be part of it. [New York Times, 11/20/2002] The department wants to be active by March 1, 2003, but “it’s going to take years to integrate all these different entities into an efficient and effective organization.” [New York Times, 11/20/2002; Los Angeles Times, 11/26/2002] Some 9/11 victims’ relatives are angry over sections inserted into the legislation at the last minute. Airport screening companies will be protected from lawsuits filed by family members of 9/11 victims. Kristen Breitweiser, whose husband died in the World Trade Center, says: “We were down there lobbying last week and trying to make the case that this will hurt us, but they did it anyway. It’s just a slap in the face to the victims.” [New York Times, 11/26/2002] The legislation creating the new department contains sweeping new powers for the executive branch that go largely unremarked on by the media. The White House and the departments under its control can now withhold from the public vast amounts of information about “critical infrastructure,” such as emergency plans for major industrial sites, and makes the release of such information a criminal offense. The explanation is that keeping this information out of terrorist hands will prevent them from creating a “road map” for planning attacks; what is much less discussed is how little the public can now know about risky practices at industrial sites in their communities. [Savage, 2007, pp. 110]
Entity Tags: US Coast Guard, US Department of Homeland Security, US Customs Service, US Secret Service, George W. Bush, Kristen Breitweiser, Bush administration (43), Central Intelligence Agency, Federal Bureau of Investigation, Relatives of September 11 Victims, Tom Ridge
Timeline Tags: Complete 911 Timeline, Civil Liberties
Veteran AT&T technician Mark Klein (see July 7, 2009) becomes convinced that the “secure facility” being constructed at an AT&T facility in San Francisco (see Summer 2002 and Fall 2002) has some connection to the Bush administration’s “Total Information Awareness” program (see Mid-January 2002 and March 2002). The press has recently begun reporting on the program (see November 9, 2002). In 2007, Klein will tell a reporter: “You might recall there [around this time] was a big blowup in the news about the Total Information Awareness [TIA] program, led by Admiral [John] Poindexter, which caused the big upsetness in Congress, because what Poindexter was proposing to do was draw in databases from everywhere… draw in Internet data, bank records, travel records, everything into one big conglomeration which could be searchable by the government so they could find out everything about what anybody’s doing at any time of day. And all this would be done without any warrants.” Klein and other AT&T employees begin speculating that the “secure facility” might have some connection to Poindexter’s TIA program. “[T]he Total Information Awareness program is involved with the NSA [National Security Agency] and with DARPA, which is the Defense [Advanced Research] Projects Agency,” he will tell the reporter. “So I began to connect the two, because it seemed quite logical at least that if they are looking for large amounts of Internet data to sift through and vacuum up, what would be a perfect place? It would be in the Internet room at a place like AT&T. And lo and behold, the NSA guy shows up. Then I started learning that it’s not only a new room; it’s a room that all the technicians cannot go into. Only the one guy—a management guy, no union people—a management field specialist with security clearance obviously given to him by the NSA, only he could go into this room, which was being built on the sixth floor, right next door to the phone switch room. So I got very worried about that. What does this mean? What are they doing there?” In 2009, Klein will write, “Gradually I started to connect the TIA program with the curiously simultaneous appearance of the NSA at our office, and the more I learned about what they were installing, and where, the more I was convinced the two were connected.” [PBS Frontline, 5/15/2007; Klein, 2009, pp. 25-26]
Mohamed ElBaradei, the head of the International Atomic Energy Agency, writes to the State Department and White House to warn senior Bush administration officials that he believes the Iraq-Niger documents are forgeries (see January 12, 2003 and February 17, 2003) and should not be cited as evidence that Iraq is pursuing WMD (see 9:01 pm January 28, 2003). ElBaradei will later say he never received a reply despite repeated follow-up calls to the White House, the State Department, and the National Security Council. State Department officials will later say they do not know if Secretary of State Colin Powell ever saw the letter. [Truthout (.org), 1/27/2006]
During the German trial of Mounir El Motassadeq, accused of participation in the 9/11 attacks, a German police officer testifies that the business card of Muhammad J. Fakihi, the chief of Islamic affairs at the Saudi Embassy in Berlin, was found in a raid on El Motassadeq’s apartment. The raid also turned up a credit card belonging to Mohamed Atta and the password to Atta’s e-mail account. Saudi officials deny that Fakihi had ever met El Motassadeq. Fakihi is recalled to Saudi Arabia three months later, following demands by Germany that he leave. [International Herald Tribune, 12/4/2002; Sydney Morning Herald, 12/5/2002; New York Times, 12/8/2002; Newsweek, 12/9/2002; Der Spiegel (Hamburg), 3/26/2003]
An enhanced photo of the variola virus, which causes smallpox. [Source: University College London]New York Times reporter Judith Miller reports that the CIA is investigating an anonymous report that Iraq has obtained a virulent strain of smallpox from a Russian scientist. According to the anonymous informant, the smallpox may have come from Nelja N. Maltseva, a virologist who worked for over 30 years at the Research Institute for Viral Preparations in Moscow before her death in 2001. The CIA has briefed President Bush about the investigation, though, as Miller notes, “The attempt to verify the information is continuing.” Maltseva visited Iraq in 1972 and 1973, according to intelligence officials, and may have visited as recently as 1990. The facility where she worked housed what Russia has claimed was its entire national collection of some 120 strains of smallpox. Miller writes, “[S]ome experts fear that she may have provided the Iraqis with a version that could be resistant to vaccines and could be more easily transmitted as a biological weapon.” In response, the White House may decide that 500,000 military personnel and another 500,000 civilian medical workers should be vaccinated against smallpox, a disease officially eradicated in 1980. The White House says that despite promises made by Russian President Vladimir Putin, Russia has not cooperated with US requests for information about its smallpox strains. “There is information we would like the Russians to share as a partner of ours,” says William Winkenwerder Jr., assistant secretary of defense for health affairs. “Because if there are strains that present a unique problem with respect to vaccines and treatment, it is in the interests of all freedom-loving people to have as much information as possible.” Recently declassified Soviet-era records show that in 1971, Maltseva was sent to Aralsk, a port city in what was then the Soviet republic of Kazakhstan, to help stop an epidemic of smallpox. That outbreak was possibly the result of open-air tests of a Soviet smallpox strain. Some scientists worry that Maltseva may have shared the Aralsk strain with Iraqi scientists in 1990, according to administration sources. David Kelly, a former United Nations weapons inspector in Iraq, says there was a “resurgence of interest” in smallpox vaccine in Iraq in 1990, “but we have never known why.” Both Maltseva’s daughter and her deputy in the Moscow laboratory deny that Maltseva ever went to Iraq. [New York Times, 12/3/2002]
A federal judge in New York rules that Jose Padilla, a US citizen who has been accused of being an al-Qaeda “dirty bomber,” has the right to meet with a lawyer (see June 10, 2002; June 9, 2002). Judge Michael Mukasey agrees with the government that Padilla can be held indefinitely as an “enemy combatant” even though he is a US citizen. But he says such enemy combatants can meet with a lawyer to contest their status. However, the ruling makes it very difficult to overturn such a status. The government only need show that “some evidence” supports its claims. [Washington Post, 12/5/2002; Washington Post, 12/11/2002] In Padilla’s case, many of the allegations against him given to the judge, such as Padilla taking his orders from al-Qaeda leader Abu Zubaida, have been widely dismissed in the media. [Washington Post, 9/1/2002] As The Guardian puts it, Padilla “appears to be little more than a disoriented thug with grandiose ideas.” [Guardian, 10/10/2002] After the ruling, Vice President Cheney sends Deputy Solicitor General Paul Clement to see Mukasey on what Justice Department lawyers call “a suicide mission.” Clement, speaking for Cheney, tells Mukasey that he has erred so grossly that he needs to immediately retract his decision. Mukasey rejects the government’s “pinched legalism” and adds that his order is “not a suggestion or request.” [Washington Post, 6/25/2007] The government continues to challenge this ruling, and Padilla will continue to be denied access to a lawyer (see March 11, 2003).
An Army memorandum released to the American Civil Liberties Union (ACLU) in 2006 (see January 12, 2006) will refer to the “SERE INTERROGATION SOP” (standard operating procedure) for Guantanamo. SERE refers to “Survival, Evasion, Resistance, and Escape,” a classified military program originally designed to teach US soldiers how to resist torture, and subsequently “reverse-engineered” for use in subjecting US prisoners to harsh interrogation and torture (see December 2001, January 2002 and After, and July 2002). The memo, which is heavily redacted, shows that torture techniques used in SERE training may have been authorized in a memo to military personnel at Guantanamo. [American Civil Liberties Union, 1/12/2006]
The US is outraged to learn that North Korean-made Scud ballistic missiles are found aboard a ship bound for Yemen. The US initially detains the ship, but is later forced to release it and concede that neither North Korea nor Yemen had broken any laws. [BBC, 12/2007]
North Korea, stung by repeated rebuffs towards its attempts to reopen diplomatic negotiations with the US (see October 27, 2002 and November 2002), announces that it will restart its nuclear facilities. [Scoblic, 2008, pp. 239] It blames the US for ignoring its responsibilities under the 1994 Agreed Framework (see October 21, 1994). In the next few days and weeks, North Korea will ask the International Atomic Energy Agency (IAEA) to remove its seals and surveillance equipment from the Yongbyon nuclear facility, will itself begin removing monitoring equipment, and will begin shipping fuel rods to the Yongbyon plant to begin creating plutonium (see January 10, 2003 and After). [BBC, 12/2007]
At least 15 FBI investigators conduct a six-day search of Gambrill State Park (outside Frederick, Maryland) and Frederick Municipal Forest in connection with the anthrax investigation. Frederick Municipal Forest is located about four miles northwest of USAMRIID, the Army’s principal biodefense laboratory. In addition to a ground search and excavation of some areas, teams of divers search small lakes and ponds in the park. The search is based on suspicions that former USAMRIID government scientist Steven Hatfill may have disposed of laboratory equipment in one of the ponds near his former Maryland home
(see February 1999, 1997-September 1999, August 1, 2002, and August 4, 2002). Details of the search are immediately leaked to the media. [ABC News, 12/12/2002; CNN, 12/13/2002; Washington Post, 12/13/2002; Baltimore Sun, 12/13/2002] But the search turns up nothing incriminating. [ABC News, 1/9/2003]
Mohammed Jawad, a teenaged Afghan citizen, is captured after allegedly throwing a hand grenade at a US military vehicle in Kabul. The explosion injures two US soldiers and their Afghan interpreter. Jawad insists that he is innocent. After a brief stint in the custody of the Afghan police, where he is tortured into signing a “confession” he cannot read (see November 22, 2008), he will quickly be transferred to Guantanamo, where he will be one of the youngest detainees kept there. [Human Rights First, 9/2008; Salon, 1/21/2009] Jawad’s precise age is unclear. Salon’s Glenn Greenwald will later write, “At the time of his due-process-less imprisonment in Guantanamo, he was an adolescent: between 15 and 17 years old (because he was born and lived his whole life in an Afghan refugee camp in Pakistan, and is functionally illiterate, his exact date of birth is unknown).” [Salon, 1/21/2009]
After experiencing some problems at its inception due to the resignation of its chair and vice-chair (see December 11, 2002 and December 13, 2002), the 9/11 Commission spends much of the next four months hiring staff, getting security clearances (see March 27, 2003), finding office space, and asking for a budget increase (see March 26, 2003). One of the first employees hired is executive director Philip Zelikow, but disputes within the Commission over who will be general council last until March, when Dan Marcus is hired. The Commission is unable to even have a telephone until February, when it finds an official security facility for its offices, and until then the cell phone of staffer Stephanie Kaplan is used as the commission’s initial operations center. However, most of the Commission’s staff cannot then enter their offices, because they do not have the relevant security clearances yet, even though there are no secret documents actually in the offices at this point. Author Philip Shenon will comment: “The commission’s early logistical problems were more than a little humiliating to men like [commission Chairman Tom] Kean and [Vice Chairman Lee] Hamilton, who had commanded vast staffs and virtually unlimited office space during their years in power in government. Now they were at the mercy of others if they wanted second-hand office furniture for the commission’s cramped offices in Washington.” [Kean and Hamilton, 2006, pp. 34-45; Shenon, 2008, pp. 92]
Mohammed Asghar [Source: CBC]A member of a document-forging and smuggling ring is arrested in Canada in late October 2002. The suspect, Michael Hamdani, tells authorities about a cell of 19 terrorists seeking false passports from a Pakistani smuggling ring in order to gain entry to the US, with five successfully infiltrating the country via Canada on Christmas Eve. [ABC News, 1/6/2003] He tells the FBI that he had been offered a large sum of money to assist with the smuggling of the five men into the US. He admits that he was part of the smuggling and counterfeit document ring; officials also believe that Hamdani has links to terrorist groups. [Washington Post, 1/3/2003] As a result, on December 27, 2002, the FBI issues an all-points bulletin that launches a massive effort by law enforcement officials who fear terrorist attacks over the holiday period. The bulletin is approved by President Bush, who says publicly, “We need to know why they have been smuggled into the country and what they’re doing in the country.” The FBI posts pictures of five of the men on its website, warning that the provided names and ages could be fictitious. They also raid six locations in Brooklyn and Queens. These pictures lead to numerous calls and sightings of the men from around the country. [ABC News, 1/6/2003] During the course of the investigation, an unsubstantiated report surfaces; the FBI learns from a Middle East source that terrorists are planning eight diversionary explosions in New York harbor on New Year’s Eve, to be followed by one large-scale genuine attack. The target is identified as the US Secret Service office in Manhattan. The New York Police Department alerts the US Coast Guard, which closes the harbor to pleasure craft and scrambles a 100-person Maritime Safety and Security Team. This team patrols the harbor with boats mounted with heavy machine guns and carrying tactical officers armed with automatic weapons. No other evidence ever emerges to support the FBI’s source. [Time, 1/5/2003] The man pictured as Mustafa Khan Owasi in one of the FBI photos is found a few days later in Pakistan. [ABC News, 1/6/2003] He says he had once tried to get a false visa in order to travel to Britain, but had been caught in the United Arab Emirates and returned to his home in Lahore, Pakistan. His real name is Mohammed Asghar and he works as a jeweler. He says he suspects the forgers that he provided his information to in order to receive the false visa may have used his identity to create papers for someone else. Investigators begin to doubt the veracity of Hamdani’s claims. [CBC News, 1/2/2003] US experts also find that the polygraph exam of Hamdani administered by Canadian authorities was seriously flawed. The assumption that this polygraph exam was accurate was one of the main motives in issuing the alert. Officials also fail to find any link between Hamdani and al-Qaeda, or any other radical militant organization. No links are discovered between the identities in the passports and extremist groups. [ABC News, 1/6/2003] The FBI realizes that the infiltration story had been fabricated by Hamdani and retracts the terror alert on New Year’s Day. [Time, 1/5/2003] The retraction of the terror alert leads to criticism of the FBI. Michael Greenberger, a former Justice Department official who heads the University of Maryland’s Center for Health and Homeland Security, says, “There is going to be a sort of ‘crying wolf’ scenario… When they put these out, there should be a more thorough explanation to the American public about what they’re doing.” The FBI defends its handling of the situation, saying that it reacted appropriately to the possibility of a real threat and noting that some of Hamdani’s information on the smuggling ring was accurate and led to ten (non-terrorism related) arrests. [Washington Post, 1/8/2003] Hamdani was already facing fraud charges in Canada after the raid that led to his arrest discovered fake passports, Pakistani driving licenses, immigration documents, and counterfeit traveler’s checks. He also had outstanding fraud warrants from the FBI in New York and the Royal Canadian Mounted Police. The FBI believes that Hamdani fabricated the story to avoid extradition to Canada. [ABC News, 1/6/2003] One investigator says, “You wouldn’t trust him as far as you could throw him.” [Time, 1/5/2003]
The US military responds to recent media stories about the torture and abuse of suspected al-Qaeda detainees in Afghanistan by denying that any such treatment takes place. Recent articles in the Washington Post have claimed that detainees held at Bagram Air Force Base were subjected to “stress and duress” techniques (see December 26, 2002). These techniques include “stress positions,” where detainees are shackled or strapped into painful positions and kept there for hours, and sleep deprivation. US military spokesman Major Steve Clutter denies the allegations. “The article was false on several points, the first being that there is no CIA detention facility on Bagram; there is a facility run by the US Army,” he says (see October 2001). “However, there is absolutely no evidence to suggest that persons under control of the US Army have been mistreated. The United States Army is treating enemy combatants under government control, humanely, and in conditions that are generally better than they were experiencing before we placed them under our control” (see December 2001 and After, Late 2002, January 2002, March 15, 2002, April-May 2002, April-May 2002, Late May 2002, June 4, 2002-early August 2002, June 5, 2002, July 2002, August 22, 2002, November 30-December 3, 2002, Late 2002-February 2004, Late 2002 - March 15, 2004, December 2002, December 2002, December 1, 2002, December 5-9, 2002, December 8, 2002-March 2003, and December 10, 2002). Clutter also denies that detainees have been subjected to “rendition”—being turned over to foreign governments who routinely torture prisoners. Instead, he says, most prisoners held at Bagram were released after being interrogated in a process overseen by the International Committee of the Red Cross. “I would like to point out that persons under US government control who come to Bagram are not automatically deemed to be terrorists or enemy combatants,” Clutter says. “When they arrive, they go through an interview process to determine whether they are enemy combatants or have information that can help us prevent terrorist attacks against Americans or attacks against US forces. If they are deemed to be enemy combatants or pose a danger, they become detainees. If they are not, they are ultimately released.” [Agence France-Presse, 12/29/2002]
North Korea expels the two international nuclear inspectors from the International Atomic Energy Agency (IAEA) from its country (see December 12, 2002). IAEA officials have been monitoring North Korea’s nuclear program since 1985. [BBC, 12/2007; Scoblic, 2008, pp. 239]
An internal audit shows that the cutting-edge electronic surveillance system, DCSNet (see 1997-August 2007 and After), is unacceptably vulnerable to hacking and exploitation. The audit finds numerous security vulnerabilities, including the allowing of multiple and shared logins, a lack of firewall and antivirus software, and Windows-based vulnerabilities surrounding the operating system’s administrative functions. Steven Bellovin, a computer science professor and surveillance expert, says the risks from insiders are particularly worrisome. “The underlying problem isn’t so much the weaknesses here, as the FBI attitude towards security,” he says. The FBI assumes “the threat is from the outside, not the inside,” and believes that “to the extent that inside threats exist, they can be controlled by process rather than technology.” He considers the entire system at risk both from insiders and hackers from outside. “Any time something is tappable there is a risk,” Bellovin says. “I’m not saying, ‘Don’t do wiretaps,’ but when you start designing a system to be wiretappable, you start to create a new vulnerability. A wiretap is, by definition, a vulnerability from the point of the third party. The question is, can you control it?” [Wired News, 8/29/2007]
Vice President Dick Cheney unilaterally exempts his office from Executive Order 12958, which established government-wide procedures for safeguarding classified national security information. [White House, 4/17/1995; Congress Committee On Oversight And Government Reform, 6/21/2007] It was amended by President Bush’s Executive Order 13292 (see March 25, 2003) to require that all agencies or “any other entity within the executive branch that comes into the possession of classified information” regularly report on their activities to the Information Security Oversight Office. [White House, 3/25/2003]
Vice President Not Part of Executive Branch, Cheney Argues - Cheney’s argument is that the vice president’s office is not part of the executive branch, and therefore has no legal obligation to report on its classification decisions as mandated by the order. Cheney justifies his position by noting that the vice president has a role in both the executive and legislative branches—the vice president is also president of the Senate—and the vice president’s office is not an agency. In May 2006, Cheney spokeswoman Lea Anne McBride will say, “This has been thoroughly reviewed and it’s been determined that the reporting requirement does not apply to [the office of the vice president], which has both legislative and executive functions.” (McBride does not say who reviewed the claim.)
Criticism - Others, such as government secrecy expert Steven Aftergood of the Federation of American Scientists, disagree. “It undermines oversight of the classification system and reveals a disdain for presidential authority,” he says. “It’s part of a larger picture of disrespect that this vice president has shown for the norms of oversight and accountability.” Around 80 agencies and entities must report annually to the National Archives; besides the Office of the Vice President, only the president’s Homeland Security Council and the president’s Foreign Intelligence Advisory Board have as yet failed to report on their activities. Aftergood will say: “Somebody made a decision that they don’t want to do what they used to do.… They have to explain why they stopped doing it, and they haven’t done that.” [ABC News, 6/21/2007] Law professor Garrett Epps observes: “The vice president is saying he doesn’t have to follow the orders of the president. That’s a very interesting proposition.” And Judicial Watch’s Paul Orfanedes says Cheney’s claim “seems most disingenuous.” [Cox News Service, 6/21/2007]
Retaliation For Attempt To Force Compliance - The National Archives’ Information Security Oversight Office (ISOO) will attempt in 2004 to conduct an inspection of Cheney’s offices pursuant to the executive order; Cheney’s staff will block the inspection, the first time since the ISOO’s inception in 1978 that one of its inspections has been thwarted. The National Archives will protest Cheney’s decision (see June 8, 2006 and January 9, 2007); Cheney will respond by attempting to abolish the ISOO (see May 29, 2007-June 7, 2007). [Henry A. Waxman, 6/21/2007 ; ABC News, 6/21/2007] In June 2007, President Bush will announce that he never intended for either his or Cheney’s office to have to comply with the directive. [USA Today, 6/24/2007; Newsweek, 12/27/2007]
Issue Nothing More Than 'Kerfuffle' - In December 2007, Cheney will call the entire issue a “kerfuffle… is he or isn’t he; is he part of the executive branch, part of the legislative branch? And the answer really is, you’ve got a foot in both camps. I obviously work for the president. That’s why I’m sitting here in the West Wing of the White House. But I also have a role to play in the Congress as the president of the Senate. I actually get paid—that’s where my paycheck comes from, is the Senate. So I try to keep lines open to both sides of the Congress, both the House and the Senate.” [White House, 12/6/2007] However, Cheney sometimes asserts executive privilege, a function of the executive branch (see June 26, 2007 and June 29, 2007).
Entity Tags: Information Security Oversight Office, Richard (“Dick”) Cheney, National Archives and Records Administration, Homeland Security Advisory Council, Lea Anne McBride, George W. Bush, Federation of American Scientists (FAS), Foreign Intelligence Advisory Board, Garrett Epps, Steven Aftergood, Office of the Vice President, Paul Orfanedes
Timeline Tags: Civil Liberties
A CIA prison in Thailand closes at some time this year. [Washington Post, 11/2/2005] The prison’s location is not known with certainty, although a Vietnam War-era base at Udron was used by the agency for counterterrorist purposes around this time. [Weiner, 2007, pp. 297] The prison was built in March 2002 (see March 2002) and the best-known high-value detainee previously held there was militant training camp facilitator Abu Zubaida (see April - June 2002 and Mid-April-May 2002).
US military commanders in Afghanistan request clarification and guidance from CENTCOM and the Joint Chiefs of Staff as to what interrogation techniques they can use against detainees in US custody. The commanders describe the techniques currently being employed and recommend that they be approved as official policy for Afghanistan operations. Some of the techniques had been approved by Defense Secretary Donald Rumsfeld for Guantanamo exclusively (see December 2, 2002); others had been rescinded altogether. Those officials ignore the request. After a time, the military commanders in Afghanistan will decide that “silence is consent,” and will adopt the techniques being used as “official policy.” [American Civil Liberties Union, 7/10/2006]
The FBI lures a Yemeni terrorism financier, Mohammed Ali Hassan al-Moayad, to Germany as part of a sting operation. One of the assets involved in the operation is Mohamed Alanssi, who works as a mole for the bureau, where he is handled by an agent named Robert Fuller (see November 2001). Alanssi will later say that his role in the operation is to persuade al-Moayad to travel to Germany, where US agents manage to tape him boasting of his involvement in providing money, recruits, and supplies to al-Qaeda, Hamas, and other terrorist groups. Al-Moayad is then arrested together with one of his assistants, Mohammed Mohsen Yahya Zayed. They will later be extradited to the US for trial (see November 16, 2003), but Alanssi’s role in the operation will be revealed in the press and his relationship with the FBI will go sour (see November 15, 2004). [BBC, 11/16/2003; Washington Post, 11/16/2004]
President Bush, speaking with Italian Prime Minister Silvio Berlusconi (see Shortly after September 11, 2001), rebuffs Berlusconi’s attempts to persuade him not to invade Iraq. (Publicly, Berlusconi supports the invasion plans, but he worries about public opinion in Italy, which is heavily opposed to any such invasion.) Of Iraq’s Saddam Hussein, Bush says: “We have put together a lethal military and we will kick his _ss.… This is going to change. You watch—public opinion will change. We lead our publics. We cannot follow our publics.” The statement to Berlusconi will be quoted in Washington Post reporter Bob Woodward’s book Plan of Attack. [Hunt, 9/1/2009, pp. 12]
A Brookings Institution study concludes that in his first two years in office, “[President] Bush vetoed several specific (and relatively cost-effective) measures proposed by Congress that would have addressed critical national vulnerabilities. As a result, the country remains more vulnerable than it should be today.” [Carter, 2004, pp. 14]
Nicolo Pollari, the chief of the Italian intelligence agency SISMI, personally warns the CIA that the documents “proving” that Iraq attempted to buy uranium from Niger (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003) are fakes. [CounterPunch, 11/9/2005]
Senator Hillary Clinton (D-NY) conducts a survey of the cities and towns in New York State. Of those polled, 70 percent have not received any money at all from the federal government for their emergency crews and first responders—the nation’s front line of defense against terrorist attacks (see Early 2004). New York City police officials asked for $900 million in preparedness funds, and received $84 million—less than a tenth of what was requested. When the preparedness funds are studied on a per capita basis, the disparities are striking, and suspect. New York City, bastion of liberal Democrats (and the target of two of the four 9/11 hijacked jetliners) received $5.87 per person in funds—49th out of 50 major US cities. The city receiving the highest payout is New Haven, Connecticut ($77.82 per person), home of Yale University and the alma mater of three generations of Bushes. Key cities in Florida, where Jeb Bush is governor, also do well, with Miami receiving $52.82 per person, Orlando receiving $47.14, and Tampa receiving $30.57 per person. A harbor on Martha’s Vineyard, where many Republican and Democratic lawmakers vacation, received almost a million dollars in security funding; the harbormaster said, “Quite honestly, I don’t know what we’re going to do [with it], but you don’t turn down grant money.” [Carter, 2004, pp. 21]
Kamal Bourgass’s flat in Wood Green, north London. [Source: BBC]Metropolitan Police raid a flat in Wood Green, north London, and discover a locked bag in a room occupied by an Islamist militant named Kamal Bourgass. An illegal immigrant from Algeria, Bourgass had arrived in Britain, hidden in a truck, in 2000. Using several false names, he remained in the country after failing to get asylum in December 2001, despite being fined for shoplifting in 2002 (see July 2002). [Independent, 4/17/2005] In addition, police had discovered a false passport for Bourgass in a raid on a storage depot in Wembley, north London, on June 22, 2002. [BBC, 4/13/2005]
'Kitchen Chemistry' - The bag contains an envelope with instructions in Arabic for manufacturing poisons and explosives, as well as lists of chemicals. These “poison recipes” are in Bourgass’s writing. The envelope has the address of the Finsbury Park mosque with the name of “Nadir,” a name which Bourgass also used. Other discoveries include a cup containing apple seeds, cherry stones, nail polish remover, and a bottle of acetone. The search also uncovers 20 castor beans and £14,000 in cash. [Observer, 4/17/2005] In addition, there are stolen bottles of mouthwash and several toothbrushes, which are still in their packaging. The packaging appears to have been tampered with, indicating the plan may have been to poison the toothbrushes and then replace them on shop shelves. [O'Neill and McGrory, 2006, pp. 245] Police announce that they have discovered a “poisons laboratory” that contains recipes for ricin, toxic nicotine, and cyanide gas weapons. [Observer, 4/17/2005] However, a senior policeman will later be dismissive of the level of the poisons, calling what is found “garden shed, kitchen chemistry.” [O'Neill and McGrory, 2006, pp. 245]
Other Arrests - Other flats are raided and seven North Africans are arrested. Six men are arrested on January 5 in north and east London and another man is arrested on January 8 in central London. [Fox News, 1/8/2003] The arrests include a 17-year-old. Police uncover additional poison recipes, false papers, and computer discs with bomb-making instructions.
Bourgass Murders Police Officer - Bourgass had been named as ringleader and other Algerians as co-conspirators in the alleged plot in an intelligence report passed to British officials from Algerian security forces. This report was the result of the interrogation of alleged al-Qaeda operative Mohammed Meguerba (see September 18, 2002-January 3, 2003). Bourgass is not present during the Wood Green raid. However, on January 14, a raid on a flat in Crumpsall Lane, Manchester, seeking another terror suspect, uncovers Bourgass and alleged conspirator Khalid Alwerfeli. After a violent struggle, Bourgass stabs and murders policeman Stephen Oake and wounds several other police officers. [Independent, 4/17/2005]
The International Atomic Energy Agency (IAEA) passes a resolution demanding that North Korea once again admit UN weapons inspectors (see December 31, 2002) and abandon its formerly secret nuclear weapons program (see December 12, 2002) “within weeks,” or face possible action by the UN Security Council. North Korea will not respond to this resolution. [BBC, 12/2007]
An official with the International Atomic Energy Agency (IAEA) asks the US for information it has that can verify the claims of Iraqi attempts to buy Nigerien uranium (see Between Late 2000 and September 11, 2001, Late September 2001-Early October 2001, October 15, 2001, December 2001, February 5, 2002, February 12, 2002, October 9, 2002, October 15, 2002, January 2003, February 17, 2003, March 7, 2003, March 8, 2003, and 3:09 p.m. July 11, 2003). [Christian Science Monitor, 11/15/2005]
Alleged ricin ingredients. [Source: BBC]Home Secretary David Blunkett and Health Secretary John Reid issue a joint statement claiming “traces of ricin” and castor beans capable of making “one lethal dose” were found in a raid on a flat in Wood Green, north London, which also resulted in several arrests (see January 5, 2003). The joint statement says “ricin is a toxic material which if ingested or inhaled can be fatal… our primary concern is the safety of the public.” Prime Minister Tony Blair says the discovery highlights the perils of weapons of mass destruction, adding: “The arrests which were made show this danger is present and real and with us now. Its potential is huge.” Dr. Pat Troop, the government’s deputy chief medical officer, issues a statement with police confirming that materials seized “tested positive for the presence of ricin poison.” A small number of easily obtainable castor beans are found. But the same day, chemical weapons experts at the Defense Science and Technology Laboratory at Porton Down in Wiltshire discover in more accurate tests that the initial positive result for ricin was false: there was no ricin in the flat. But this finding will not be released publicly for two years. [Independent, 4/17/2005] Dr. Martin Pearce, head of the Biological Weapons Identification Group, confirms that there was no ricin in the flat. This report is also suppressed. [Guardian, 4/15/2004] The Ministry of Defence later confirms that the results of the Porton Down test are not released to police and ministers until March 20, 2003, one day after war in Iraq begins. [BBC, 9/15/2005] It appears that there was the intention to create ricin, based on evidence discovered in other raids, but not the technical know-how to actually do so (see January 20, 2003 and January 5, 2003).
The US says it is “willing to talk to North Korea about living up to its obligations to the international community” regarding its restarted nuclear program (see December 12, 2002), but adds that it “will not provide quid pro quos to North Korea to live up to its existing obligations.” [BBC, 12/2007]
Global Strike logo. [Source: Federation of American Scientists]President Bush signs a classified presidential directive that defines the “Global Strike” program, formalized as Contingency Plan 8022, or CONPLAN-8022, as US policy. Global Strike implements nuclear weapons as part of a possible US preemptive strike against envisioned enemies. In the order, Bush defines Global Strike as “a capability to deliver rapid, extended range, precision kinetic (nuclear and conventional) and non-kinetic (elements of space and information operations) effects in support of theater and national objectives.” He orders that Global Strike be turned over to the US Strategic Command (STRATCOM), the entity in charge of deploying and using the nation’s nuclear arsenal, telling it to “be ready to strike at any moment’s notice in any dark corner of the world.” A month later, General Richard Myers, chairman of the Joint Chiefs of Staff, will tell the House Armed Services Committee, “With its Global Strike responsibilities, the Command will provide a core cadre to plan and execute nuclear, conventional, and information operations anywhere in the world.” [Scoblic, 2008, pp. 179-180] The plan is not revealed until May 2005, when defense analyst William Arkin writes of the program for the Washington Post. [Washington Post, 5/15/2005] In 2008, author J. Peter Scoblic will write: “Global Strike represented the next—some might say the ultimate—manifestation of this principle [domination and isolationism], allowing for the possibility of purely unilateral military action. There was no need for allies and no need for nation building. Just as missile defense could protect us from having to engage the world, so Global Strike could allow the United States to dominate the world while standing utterly apart from it.” [Scoblic, 2008, pp. 183]
North Korea announces that it is withdrawing from the Nuclear Nonproliferation Treaty (see December 12, 1985). Since its attempts to reopen diplomatic talks with the US were rejected (see October 27, 2002 and November 2002), it has announced its restarting of its nuclear energy program (see December 12, 2002) and expelled international inspectors (see December 31, 2002). Around this same time, it begins removing some 8,000 spent fuel rods from storage, a direct indication that it intends to restart its nuclear weapons program. This is a burgeoning crisis for the world, as North Korea is, in many experts’ view, the definition of a “rogue nation,” but the Bush administration refuses to recognize it as a crisis. In 2008, author J. Peter Scoblic will write, “President Bush, focused on Iraq, refused to label it as such.” North Korea has enough nuclear material to make six to eight nuclear weapons; some experts believe it already has one or two. With the inspectors gone, the world has no way to know what North Korea is doing with its spent fuel rods, or where they are being stored—removing the possibility that the US could destroy them with a targeted air strike. Bush’s response to the North Korean crisis is contradictory. While labeling it a member of the “axis of evil” (see January 29, 2002), and sometimes acting belligerently towards that nation (see March 2003-May 2003), he also insists that the US will not use military force to restrain North Korea’s nuclear ambitions. Diplomacy is the answer to the crisis, Bush says, but his administration refuses to talk to the North Koreans (see November 2002) until later in the month (see Mid-January 2003). [BBC, 12/2007; Scoblic, 2008, pp. 239-240, 242]
A Special Mission Unit (SMU) Task Force lawyer in Afghanistan (see Early 2002) writes in a classified legal review that Defense Secretary Donald Rumsfeld’s authorization of harsh interrogation methods (see December 2, 2002) “provides us the most persuasive argument for use of ‘advanced techniques’ as we capture possible [high value targets]… the fact that SECDEF [Rumsfeld] approved the use of the… techniques at GTMO [Guantanamo], [which is] subject to the same laws, provides an analogy and basis for use of these techniques [in accordance with] international and US law.” [Huffington Post, 4/21/2009]
The Bush administration responds to the North Korean nuclear crisis (see January 10, 2003 and After) by saying that it will talk—but not negotiate—with the North Koreans. In 2008, author J. Peter Scoblic will write, “The Bush administration would, in other words, be willing to tell North Korea that it had transgressed, but it would not bargain.” North Korea insists on bilateral talks with the US, but Bush officials refuse (see February 4, 2003). [Scoblic, 2008, pp. 240]
A CIA analyst who specializes in the Iraqi nuclear program receives a copy of the forged Iraq-Niger documents. He had previously read a copy of the State Department’s analysis of them (see January 12, 2003), after which he realized he had never seen the documents the analysis apparently debunked, and requested them. [Christian Science Monitor, 11/15/2005]
Raid on Finsbury Park Mosque. [Source: BBC]The Metropolitan Police mount an early morning raid on Finsbury Park mosque, sending in 200 officers.
Decision to Launch - The raid is primarily the result of intelligence about Kamal Bourgass, a man implicated in an alleged ricin plot (see September 18, 2002-January 3, 2003). Bourgass was in possession of an envelope with instructions in Arabic for manufacturing poisons and explosives, as well as lists of chemicals, discovered by police during a raid in Wood Green days earlier (see January 5, 2003). These “poison recipes” were in Bourgass’s writing, and the envelope had the address of the Finsbury Park Mosque with the name of “Nadir,” an alias used by Bourgass. [Observer, 4/17/2005; O'Neill and McGrory, 2006, pp. 254] Like other illegal immigrants, Bourgass had used the mosque as a place to stay and as his postal address for correspondence with the immigration service. He had stayed there in the weeks before his attempts to make ricin were discovered. [BBC, 2/7/2006] In addition, one of many suspects detained by the police around Britain at this time tells police that the photocopier in the mosque’s office had been used to copy some “recipes” written by Bourgass. Other suspects detained have links to the mosque, and have worked or slept there. Finally, two suspects the police want to detain are known to sleep in the mosque’s basement.
High-Level Approval - Due to the politically sensitive nature of the operation, it is approved in advance by Prime Minister Tony Blair, Home Secretary David Blunkett, and Foreign Secretary Jack Straw. In the 24 hours before the raid, Metropolitan Police Commissioner Sir John Stevens says publicly that many terrorists are under surveillance and Blunkett says he is happy for counterterrorist units to take “whatever steps necessary, controversial, or otherwise.” [O'Neill and McGrory, 2006, pp. 254-256]
Searches, Discoveries - Armored officers batter down the doors to begin days of searches. In addition, they make seven arrests. After the trial and conviction of radical cleric Abu Hamza al-Masri for hate crimes in February 2006, police will reveal their discoveries from the raid. The police uncover chemical weapons protection suits, pistols, CS spray, and a stun gun. Other military paraphernalia include a gas mask, handcuffs, hunting knives, and a walkie-talkie. The police also find more than 100 stolen or forged passports and identity documents, credit cards, laminating equipment, and checkbooks hidden in the ceiling and under rugs, as well as more than $6,000 in cash. A senior police officer will say, “The fact that they were happy to keep this sort of stuff in the building is an indication of how safe and secure they felt they were inside.” Authors Daniel McGrory and Sean O’Neill will comment, “This was exactly the kind of material that informants like Reda Hassaine had told the intelligence services about years before” (see 1995-April 21, 2000).
Afterwards - Despite the haul, Abu Hamza is neither arrested nor interviewed, although police believe he must have known what was going on. The items seized will not be mentioned at his trial, or, with the exception of the photocopier, the ricin trial. However, they lead to police inquiries in 26 countries, which McGrory and O’Neill will call “a clear indication of the reach and influence of the terrorist networks operating out of Finsbury Park.” [O'Neill and McGrory, 2006, pp. 260-262; BBC, 2/7/2006]
The FBI conducts a very public search of a Miami, Florida, house belonging to Mohammed Almasri and his Saudi family. Having lived in Miami since July 2000, on September 9, 2001, they said they were returning to Saudi Arabia, hurriedly put their luggage in a van, and sped away, according to neighbors. A son named Turki Almasri was enrolled at Huffman Aviation in Venice, Florida, where hijackers Atta and Marwan Alshehhi also studied. [Washington Post, 1/23/2003; Palm Beach Post, 1/23/2003] Neighbors repeatedly called the FBI after 9/11 to report their suspicions, but the FBI only began to search the house in October 2002. The house had remained abandoned, but not sold, since they left just before 9/11. [Palm Beach Post, 1/22/2003; South Florida Sun-Sentinel, 1/22/2003; Washington Post, 1/23/2003; Palm Beach Post, 1/23/2003] The FBI returned for more thorough searches in January 2003, with some agents dressed in white biohazard suits. [Washington Post, 1/23/2003] US Representative Robert Wexler (D-FL), later says, “This scenario is screaming out one question: Where was the FBI for 15 months?” The FBI determines there is no terrorism connection, and apologizes to the family. [United Press International, 1/24/2003] An editorial notes the “ineptitude” of the FBI in not reaching family members over the telephone, as reporters were easily able to do. [Palm Beach Post, 2/1/2003]
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